Acting judge asked to explain why he should not be prosecuted in alleged road rage attack

Road rage victim Conrad Pretorius will hopefully find out in February whether the case against him will be dropped, and if advocate and acting judge Roelof du Plessis, his alleged assailant, will be prosecuted instead. AfriForum’s Private Prosecution Unit has challenged the initial decision not to charge Du Plessis for attempted murder during a 2023 road rage incident, which appears to be a case of selective prosecution, in which a person with ties to the legal fraternity avoids accountability because of their status.

Pretorius appeared in the Hatfield Magistrates Court on Tuesday where the matter was postponed to 4 February 2025 for the outcome of the decision whether to proceed with the case against him or not. Earlier this year, the Private Prosecutions Unit made representations on behalf of Pretorius to Deputy National Director of Public Prosecutions, Adv. Rodney de Kock arguing that when properly considered, the facts indicate that the initial decision not to prosecute Du Plessis was irrational.

The unit approached Adv. De Kock’s office after Gauteng Director of Public Prosecutions, Adv. Sibongile Mzinyathi, irrationally rejected the representations. That decision reenforced the unit’s concern that a potential accused person was being shielded from prosecution due to their status within the legal fraternity.

In September, De Kock responded saying he had asked Du Plessis to make representations why the charges against Pretorius should not be withdrawn and why he should not be prosecuted instead. That decision is expected in February.

The case relates to an incident on 1 August 2023, where Pretorius and his wife were driving in Menlo Park and they encountered the Du Plessis at an intersection where the traffic lights were not working. It is alleged that an altercation ensued which resulted in Du Plessis chasing Pretorius through the streets of the suburb for about five kilometres before allegedly blocking him in a cul de sac. It is further alleged that Pretorius and Du Plessis alighted from their vehicles where a confrontation occurred. Pretorius alleges that Du Plessis stabbed him in the neck with a sharp object, whereafter a struggle ensued, and he was also stabbed in his leg. Pretorius managed to get back in his car and drove to the nearest hospital for treatment.

Pretorius was hospitalised and discharged almost a week later. While in hospital he filed a criminal complaint of attempted murder against Du Plessis, but soon discovered that the advocate had filed a criminal complaint against him.