Durban - A Vryheid farmer who was sentenced to an effective five years in prison for kidnapping, attempted murder and being an accessory after the fact to murder was acquitted by the Pietermaritzburg High Court on Tuesday.
Johan Albertus Els, 54, of Zaailaagte, had been found guilty of kidnapping Sifiso Linda, attempting to murder him and being an accessory to Mbhekiseni Nyathi’s murder in December 2005. He appealed against the convictions and sentences, and won.
It had been alleged that Els suspected Nyathi was responsible for housebreakings at his farm and instructed his employees to find Nyathi. During their search, they found Linda, who knew Nyathi, and they forced him to assist them.
When they found Nyathi, he fled towards a plantation and the men chased after him. One of the employees allegedly stabbed Nyathi in the chest and abdomen with a hunting knife.
He died on the scene.
The men then took Linda to a workshop and the same employee allegedly stabbed him several times in the chest and arms before Linda eventually escaped.
Judge Piet Koen said that Els was entitled to the benefit of the doubt regarding the kidnapping and that the accessory to murder charge had not been proved beyond a reasonable doubt.
Of the attempted murder, he said that there was an element of doubt and again Els was entitled to the benefit of the doubt.
The Mercury