Tsholofelo Joseph Motsoane in court. Photo: AfriForum
The trial of the man accused of the murder of lawyer and former MP Schalk Pienaar has been set down for 22 to 26 July in the Polokwane High Court.
On Friday, the Mokopane Magistrate’s Court denied bail to Tsholofelo Joseph Motsoane on the grounds he was a “career criminal” likely to abscond.
Motsoane is accused of the 2022 murder of Pienaar. He faces charges of murder, conspiracy to commit murder, firearm-related charges and is alleged to have been the driver of the getaway car.
In his bail judgment, Magistrate JJ Venter referred to Motsoane’s extensive criminal history dating back to 2003 and that he had been found guilty and served sentences for separate cases of attempted murder, robbery and theft.
Notably, he has also been found guilty of escaping from custody while he was awaiting trial on two of these cases.
Staring blankly at Venter throughout the hour-long judgment, the magistrate found that Motsoane failed to convince the court that exceptional circumstances warranted his release on bail.
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After the judgment, Pienaar’s widow Fransie said she was relieved Motsoane had been denied bail.
“It is difficult to have to sit through these proceedings and relive the night Schalk was murdered. It is difficult to accept that a man who was described by the magistrate as a career criminal was not in prison and was free to continue committing crimes.
“Schalk believed in justice and the judicial system. We will now focus on the trial that will take place later this year. I am grateful for the support from AfriForum,” she said.
AfriForum’s Private Prosecution Unit represents the Pienaar family, who approached the unit for support because of delays in finalising the case.
Spokesperson Barry Bateman, for the unit, welcomed the outcome.
“The magistrate properly took into account all the evidence related to Motsoane’s criminal history. But importantly, he found that the state has a reasonably strong case.” Bateman said.
Pienaar was murdered on 19 September 2022 shortly after arriving at home in Limpopo. He was shot 10 times in his driveway. He had been a lawyer for almost 40 years – and had been an MP for the former Conservative Party.
Motsoane was arrested the following month and charged with the crime. A second accused was also arrested but charges against him were later withdrawn.
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