Alleged murderer back behind bars following Private Prosecution Unit intervention

This week seven years of inaction by the authorities came to an end in just three days when AfriForum’s Private Prosecution Unit intervened. Alleged murderer Jan de Klerk van Wyk was arrested on Thursday and appeared in the Boksburg Magistrate’s Court. Van Wyk remains in custody.

On 29 September 2016, Van Wyk was convicted of the premeditated murder of Izak van Zweel and sentenced to life imprisonment. But Van Wyk successfully appealed on a technicality, that the magistrate failed to inform him of his right to request assessors be appointed during the trial. His conviction and sentence were set aside, and the court ordered that the matter be heard from the beginning – this never happened.

The sister of the deceased, Lizette Brooks, approached the unit after years of trying to get answers from the authorities on why Van Wyk was not re-tried. The unit immediately wrote to the National Prosecuting Authority (NPA) demanding answers.

On 7 February, the unit wrote a letter to the NPA on behalf of Brooks. The NPA responded on 8 February, saying that the South African Police Service (SAPS) failed to adhere to an order from a prosecutor and that the matter was filed as closed. It was established that all witnesses were available, and an arrest warrant was obtained. On 9 February Van Wyk was arrested and appeared in court. The matter was remanded for formal bail application, and the accused remains in custody. Van Wyk will again stand trial for the murder of Van Zweel.

The unit’s spokesperson, Barry Bateman, thanked the NPA for their swift response. “The unfortunate reality is that it should never have reached this point. For seven years a family has been yearning for justice, but due to sheer incompetence or negligence, an alleged murderer has been walking free. It has again been demonstrated that the only way members of the public are able to attain justice is when they are represented by organisations like AfriForum’s Private Prosecution Unit,” says Bateman.

An emotional Brooks thanked the unit for helping her when informed of this development.

The matter has been transferred to the Magistrates Court in Vosloorus. Van Wyk is scheduled to apply for bail on Tuesday, 14 February.