Cape Town - The man arrested for an assault on gardener Muhammed Makungwa, who was allegedly sjambokked on his way to work, is SANDF soldier Jan van Tonder.
He is due to appear in the Wynberg Magistrate’s Court on Thursday on charges of assault with intent to do grievous bodily harm and crimen injuria, and faces a further charge.
District Control Prosecutor Advocate Nathan Johnson said: “Tomorrow the State will also bring a charge of defeating the ends of justice against him.”
This was because he had allegedly failed to hand himself in to police after police issued a public appeal and released details of his vehicle registration, said Johnson.
He was arrested on Tuesday night, before being released from custody on a warning to appear in court.
Claremont police officers delivered the case docket at court on Wednesday.
In the docket, Van Tonder states that he is employed by the SANDF. A photograph in the docket shows Van Tonder in full military uniform after his arrest.
Police spokesman Andre Traut said: “The suspect is due in court on Thursday after he was released on a warning.”
Traut said police released Van Tonder because he had a fixed address and was not a flight risk.
Makungwa, 22, told police he was late for work on Sunday and ran to his employer’s house in Rondebosch, where he worked as a gardener.
In Claremont, shortly before 7am, a motorist in a white BMW X5 attempted to run Makungwa over, before getting out of the vehicle and beating him with a sjambok.
Makungwa said during the beating the man accused him of breaking into his car. It was only after his lunch box fell that his attacker stopped hitting him, he said.
Makungwa is recovering after being treated in hospital for head wounds and bruising.
Makungwa said on Wednesday: “It’s not fair. Something is wrong because now he has been released.”
Makungwa’s employer, Nadia Kamies, said Van Tonder’s release had left her unsettled. “I’m scared he might come and intimidate my family. It’s upsetting. For them to just release this guy is beyond me.”
SA Human Rights Commission (HRC) spokesman Isaac Mangena said: “If the victim feels his human rights have been infringed, the HRC can be approached.”
Cape Times