Roedolf Viviers and Zain Van Tonder consult with their lawyer Sakkie Smith at Krugersdorp Magistrate's Court during their bail application earlier this year. File picture: Bongiwe Mchunu

Kurgersdorp -

The case against Roedolf Viviers, 28, who is accused of beating a Muslim man to death, was postponed to January by the Krugersdorp Regional Court on Thursday.

The matter would be transferred to the Johannesburg High Court and would be heard on January 28, said magistrate Stanley Mkhari.

“I have been instructed to inform you that you will appear on a charge of attempted murder and a charge of murder. You remain in custody,” he told Viviers.

Charges were withdrawn against his co-accused Zayne van Tonder, 33.

Van Tonder, who was charged with assault, was granted bail of R2 000 in August.

“Accused number two (Van Tonde), charges against you have been withdrawn. You may leave,” Mkhari said.

National Prosecuting Authority spokeswoman Phindile Louw said the charges were withdrawn because of a lack of evidence.

Viviers and Van Tonder allegedly made racist remarks to Muhammad Fayaaz Kazi and his friend Anser Mahmood at a fast food outlet in Magaliesburg on August 6.

A fight ensued. Kazi was severely beaten and died in hospital.

Viviers was pointed out by seven witnesses in an identity parade.

He wore a brown shirt and black pants during Wednesday's proceedings.

Van Tonder wore a black shirt and khaki pants. He sat at the back of the court and listened to the proceedings after the charges against him were withdrawn.

Outside the court, Kazi's father-in-law, Hasimbhay Motara. said the family was pleased with the decision to move the matter to the high court. - Sapa