Calls for De Jager case to continue despite death
The criminal justice system is designed to hold individuals accountable for their actions, and if the accused is no longer alive, there is no one to hold accountable. Circumstances, however, may vary, and a different course may be taken even if the accused is dead.
THE Amanzimtoti Magistrate’s Court sat as scheduled on May 10 to try a case of murder, but the accused, Werner de Jager, was missing from the defendants’ box as he is dead.
Werner died on April 15, at Durban’s King Edward Hospital, while standing trial for the death of his wife, Reverend Liezel de Jager, who was killed at their Amanzimtoti home in October 2021. He had been admitted nine days earlier after ingesting a medication overdose in his Westville Prison cell.
Also read: BREAKING NEWS: Werner de Jager dies in jail
Civil rights group Action Society, which had subpoenaed police minister, Bheki Cele, to revive the case after it had gone cold for more than two years, was also at the court on May 10. It said it will continue fighting for justice for Liezel. Action Society spokesperson Juanita du Preez said they were pleased that progress has been made in the investigation despite the recent difficult circumstances that had unfolded.
“Action Society will not allow Liezel’s case to die with Werner’s death. We will continue to fight for her bereaved family until they get the answers they have been fighting for since 2021,” said Du Preez.
As a general overview, the Criminal Procedure Act 51 of 1977 states that if the accused dies during a criminal trial, the proceedings are generally terminated, and the case is closed. This is because the criminal justice system is designed to hold individuals accountable for their actions, and if the accused is no longer alive, there is no one to hold accountable. Circumstances, however, may vary, and a different course may be taken even if the accused is dead.
During his bail application earlier this year, which was ultimately denied, it had emerged that Werner was suffering from a psychiatric illness and had tried 12 times to commit suicide.
The case was remanded to June 10 for further investigation, including obtaining Werner de Jager’s death certificate.
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