Middleburg – A lawyer representing Theo Martins Jackson and Willem Oosthuizen, the two men accused of assaulting and shoving a black man into a coffin, immediately indicated that he would advise his clients to appeal the decision in the high court.
Jackson and Oosthuizen were denied bail by Magistrate Jongilizwe Dumehleli in the Middelburg Magistrate's Court in Mpumalanga earlier in the day.
They were arrested for allegedly assaulting Victor Rethabile Mlotshwa and shoving him into a coffin. The accused have been charged with kidnapping and assault with intent to do grievous bodily harm.
Advocate John Welch told the African News Agency (ANA) that a decision to take the matter to the high court would depend on whether he thought his clients stood a better chance of emerging victorious.
"I will advise them to go to the high court, but will also take instructions from them," said Welch.
"It's a matter of taking the instructions. I must also know if we have a chance of winning. Otherwise that will be a waste of money."
Before delivering judgment in a packed court room, Dumehleli described racism as a virus the entire world was trapped under. He said if Mlotshwa had been assaulted for an hour, he would have been dead or very badly injured.
"The courts have a duty to protect the victims of crime," said Dumehleli.
"All courts in their rulings must promote the spirit of the Bill of Rights. The courts must deal with the evils of this nature. I understand that you have a right to be considered innocent until proven otherwise. I must also be sure that justice does not fail in my hands."
Responding to the defence's claim that the safety of the accused could not be guaranteed if they were kept behind bars, Dumehleli said police had upped their security.
He said there was no evidence of a lack of safety in jail. Welch said he welcomed and respected the decision of Dumehleli.
"I am not disappointed. It's not my duty to be disappointed. My duty is to act in the interests of the court. I have done my mandate. I wanted them to get bail but that did not happen."
A crowd of African National Congress (ANC) members exploded a frenzy outside the court upon learning that the accused had been denied bail. They sang struggle songs and danced in jubilation at the entrance of the court building.
Mlotshwa was later seen standing among a group of ANC leaders at the back of a truck belong to the ruling ANC, but did not speak to the assembled crowd. The matter was postponed to 25 January 2017.