THE Azanian People's Organisation (Azapo) in the Free State has slammed a regular postponement of the Maselspoort Resort racism case, where a group of white men were seen on video attacking two teenage boys over the usage of the swimming pool.
The incident happened on Christmas Day on Sunday, 25 December 2022.
The accused, Jacobus Claasen, Johan Nel and Stephanus van der Westhuizen, made several appearances in the Bloemfontein Magistrate Court following their release on bail.
The trio is facing charges of assaulting two teenage boys.
Claasen (48) is out on R20 000 bail and is facing three counts of attempted murder, common assault and crimen injuria.
He allegedly attempted to drown one of the teenage boys.
His co-accused Nel (33) and Van der Westhuizen (47) were released on a warning and charged with common assault and crimen injuria.
Azapo has called upon the head of the National Prosecuting Authority (NPA) in the Free State, Advocate Navila Somaru, to immediately remove the prosecutor responsible for the bail hearing in the matter pending a disciplinary hearing.
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Azapo Secretary for Legal and Constitutional Affairs Jabu Rakwena has written a letter to Advocate Somaru, National Director of Public Prosecution, Shamila Batohi, and the Chairperson of the Portfolio Committee of Justice and Correctional Services, Gratitude Magwanisha, to intervene on the matter.
"The regular postponement while the evidence by the public on the video that went viral on social media is disturbing," he said.
Daily Sun saw a response letter from NPA saying the bail proceedings on the matter, fell under Schedule 1 offence and not Schedule 5 as articulated.
"According to my investigations, the prosecutor who handled the bail application, Mr. Ntai did what was expected of him. Thus, I can find no fault in how bail application was dealt with by the prosecutor on this matter," said Advocate MMM Moroka replying to Azapo's complaint.
Rakwena said there was an element of incompetence in the prosecutor's decision not to oppose Claasen's bail.
The accused appeared in the Bloemfontein magistrate court on Wednesday, 26 April.
The case has been postponed to Wednesday, 10 May.
