Wayne Pietersen (47), a traditional San and Khoi leader and councilor of the Kouga local municipality. (Photo: Justice, Crime Prevention and Security/X)
Wayne Pietersen (47), a traditional San and Khoi leader and council member of the Kouga local municipality, was found guilty in the Humansdorp Magistrate’s Court on Friday on charges of assault and assault with intent to seriously injure.
The case relates to an incident on 29 June last year in Papiesfontein in the Sarah Baartman district, during which two cyclists were confronted and injured in a public nature reserve.
According to Luxolo Tyali, spokesperson for the National Prosecuting Authority (NPA), evidence showed that Pietersen drove a black BMW sport utility vehicle in the direction of the cyclists and forced them off the road.
“The accused argued that he believed the cyclists were traveling on land occupied by members of the Khoi community and that they were riding over his ancestors’ graves,” says Tyali.
Tyali says Pietersen grabbed one of the complainants by the arm under the pretext that he was carrying out a civil arrest.
“He then armed himself with a club and confronted a second complainant. The complainant sustained injuries after falling from his bicycle.”
Siyabulela Swartbooi, the state prosecutor, led the state’s case and called several witnesses, including the complainants, an eyewitness and a doctor who compiled the J88 medical report.
Pietersen conducted his own defense and denied the allegations.
He maintained that the incident was related to an ongoing land dispute regarding land occupied by members of the Khoi community.
However, the court rejected his version and found that the state had proved its case beyond a reasonable doubt.
Court criticizes accused’s behavior
The proceedings were characterized by several delays after Pietersen requested, among other things, that a Khoi-speaking interpreter be appointed.
“It was determined that he does not speak or understand the language, after which the court handled the matter according to the correct legal process,” says Tyali.
The court also took note of Pietersen’s behavior during the trial.
“The accused was often disruptive, interrupted testimony and arguments and made several comments that had no connection to the case,” says Tyali.
According to him, the court found that this action shows a lack of respect for the legal process.
Sentencing proceedings adjourned
Pietersen apparently had another outburst in court after his conviction and indicated that he did not accept the court’s decision.
The case was then postponed until June 2 after he indicated that he had appointed a lawyer in the meantime.
Tyali says the NPA welcomes the ruling.
“No person, regardless of his status or position, may take the law into his own hands, detain people illegally or use violence under the pretext of protecting property or cultural claims,” he says.