Maselspoort Resort attack: Second man handed suspended sentence and R20k fine

The alleged racial incident sparked widespread public outcry when footage of three white men assaulting two black teenage boys at the Maselspoort Resort and Conference Centre, near Bloemfontein, on Christmas Day last year went viral on social media.

Free State National Prosecuting Authority (NPA) spokesperson Phaladi Shuping said one of the men, the 48-year-old Jakobus (Kobus) Klaassen, appeared in the Bloemfontein Magistrate’s Court on Tuesday and was sentenced to two years in prison or a R20 000 fine.

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Maselspoort accused avoids jail time

“He was further sentenced to another five years that were wholly suspended for the same charge of attempted murder,” Shuping said.

The magistrate, Rasheed Matthews, also sentenced Klaassen to 36 months’ correctional supervision for the assault conviction.

Swimming pool incident and arrest

“Klaassen, together with Stephanus van der Westhuizen, 47, and Johan Nel, 47, were seen on video footage trying to prevent black teenage boys from entering the pool area at the resort. They told the boys that the pool was reserved for white people only,” the NPA spokesperson explained. 

The trio was arrested a few days after the Christmas Day attack which was captured on CCTV.

Klaassen was charged with attempted murder after he was seen on the video holding the head of one of the boys underwater. 

In May, Van der Westhuizen was sentenced to 12 months in prison or a R4 000 fine for common assault, while the last of the attackers, Nel, faces charges of common assault and crimen injuria.

The case against Nel was postponed to 6 December 2023 for trial.

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Legal experts on five-year suspended sentence

Weighing in on Klaassen’s suspended sentence, legal experts William Booth and Ulrich Roux told News24 that the courts consider the personal circumstances of the convicted person, severity of the offence and interests of society when considering a suitable sentence. 

“The court also looks at whether the offender has been convicted before, [whether] they are employed, [and whether they are] a danger to society and generally a violent person.

“The court considers these factors even though the public might think the offender must go to jail,” Booth said. 

Roux said Klaassen had taken the court into his confidence by pleading guilty and not attempting to mislead it.

“The fact that he received a five-year sentence of imprisonment, wholly suspended, will deter him from acting in a similar way for a period of five years.

“Taking all of the factors into account, and given that no permanent injuries were suffered by the victims, the sentence can be regarded as reasonable and just,” Roux said.