Jaco Kemp (38), Louis Coetzee (38) and Gericke van der Westhuizen (41). (Photo: Janice du Plessis/Maroela Media)
On Monday, the Pretoria High Court heard detailed arguments on why Jaco Kemp (38), Louis Coetzee (38) and Gericke van der Westhuizen (41) – who were found guilty of the murder of Dumisani Phakathi – should not be given the prescribed minimum sentence of life imprisonment.
While the defense pleaded for mercy based on personal circumstances and an alleged “limited role” in the crime, the state argued before Judge Mudunwazi Samuel Makamu that the brutality of the attack and lack of genuine remorse justified the maximum sentence.
The three accused at the High Court in Pretoria on Monday. (Photo: Janice du Plessis/Maroela Media)
Plea for mercy, second chance
Johann Wiehahn, Kemp’s legal representative, argued that his client should be considered a first offender, as a previous charge of drunk driving against him had been withdrawn. He described Kemp as a man with potential who can still make a significant contribution to society.
“Due to his experiences, skills and relatively young age, Kemp can still make a significant contribution to society,” argued Wiehahn.
He presented an extensive list of Kemp’s achievements to the court and asked for mercy. Wiehahn also reminded the court that Kemp has already been in custody for more than two and a half years. He was arrested in 2023 and was driving the bakkie in which Phakathi’s body was found at the time.
Jaco Kemp. (Photo: Janice du Plessis/Maroela Media)
‘Minimal role’ in murder
Adv. Adrian Thompson, Coetzee’s legal representative, argued that his client’s part in the incident was minimal. According to him, Coetzee was not involved in the assault itself and only tried to get rid of the body.
“Coetzee played, if at all, only a minimal role in the events that led to the deceased’s death. His involvement was limited to the intention to dispose of the body and nothing more.
“He was not part of the assault. There are substantial and compelling circumstances that should convince the court to depart from the minimum prescribed sentence.”
He also emphasized Coetzee’s personal circumstances, including that he has been married for eight years and has three children.
Louis Coetzee. (Photo: Janice du Plessis/Maroela Media)
Accused apologizes to family
Van der Westhuizen himself testified about his personal circumstances. He told about his five-year-old son from a previous marriage and indicated that before his arrest he supported his family in Upington financially.
He further said that it is a “very bad feeling” for him to be connected with such a serious crime.
“I didn’t think I would be in this position,” he testified.
Van der Westhuizen also testified that the case had a major impact on his life and that he “lost everything” since his arrest.
He offered his condolences to the Phakathi family and apologized for their loss, but insisted he was not the killer.
Gericke van der Westhuizen. (Photo: Janice du Plessis/Maroela Media)
Public prosecutor hits back at ‘lip service’
However, public prosecutor Laurence More rejected the defendants’ versions and dismissed Van der Westhuizen’s apology as mere “lip service”.
After More pointed out to Van der Westhuizen that an apology indicates guilt, Van der Westhuizen insisted that he was not the murderer.
“I’m not the one who killed him,” he said.
Gericke van der Westhuizen himself testified about his personal circumstances. (Photo: Janice du Plessis/Maroela Media)
More responded that it was clear he showed no real remorse as he continued to deny any involvement.
“I’m sorry because maybe I could have done more to help him. I’m just saying how I feel,” Van der Westhuizen testified.
More also reminded the court that Van der Westhuizen repeatedly failed to appear at court, after which a warrant was issued for his arrest. He was later arrested in Bloemfontein.
According to the state, this action indicates an attempt to evade the legal process and highlights the seriousness of his involvement in the crime. More further emphasized that all three defendants deserve a life sentence for the “horrific and premeditated murder” of Phakathi. This while they had several opportunities to help him or notify the police and did not do so.
“An appropriate sentence for violent crimes such as murder should be applied here. The accused had numerous opportunities to take the deceased to the hospital or call the police. They were even warned by a security officer, but did not follow his good advice.
“Kemp and Coetzee never showed any remorse. They never apologized for what they did. Although Van der Westhuizen apologized, I consider it just lip service.
“The three accused pointed the finger at each other throughout the trial. The murder was pre-planned, as they were warned and still did nothing about it,” argued More.
(Photo: Janice du Plessis/Maroela Media)
Family of deceased mourns
The court also heard the impact reports from Phakathi’s family. His cousin, Nonhlanhla Phakathi, testified about the loss of a “man who always went out of his way to help his extended family.”
(Photo: Provided)
“We were not happy with the way he left this world. His passing was extremely painful, because it was tragic and sudden and nothing could have prepared us for it.
“It would have been better if he had died in hospital after a long illness rather than taking him away from us so suddenly. His passing hit us deeply as a family and we are still mourning his death.”
She argued the incident destroyed her trust in white people.
“Their lack of respect for a black person’s life is something I will never understand.”
Nomfundo Masondo, Dumisani’s daughter, said that she had to quit her job because of the trauma. She explained that her father was the sole breadwinner who looked after her elderly grandmother.
“The situation at home is terrible, because my grandmother is also very old. She can no longer walk and also relied on him. My sister is now in matric, she doesn’t know how to keep her head above water, she can’t study.”
Phakathi’s brother, Xolani Justice Phakathi, agreed that Dumisani was the glue that held the family together. “The old lady loved him, because he always arrived with a bag of cornmeal when we were without food; but everything is gone now.”
The judge adjourned sentencing until Friday.