The accused, Sekwetje Mahlamba's (33) legal representative-Advocate, Joseph Kgoelenya says the appeal has been set for this Tuesday, December 15.

Mahlamba was denied bail in the Senekal Magistrate's Court by Magistrate Deon Van Rooyen in October, following claims that he could evade his trial and that he had a prima facie case against him.

However, Advocate Kgoelenya rubbished the claims and argued that the evidence against Mahlamba and his co-accused Sekola Matlaletsa (44) was weak and circumstantial.

DNA samples taken from Horner's bakkie could not be linked to the accused and police previously indicated that it could take up to 6 months to obtain results from blood samples taken from Mahlamba's bloodied trousers.

Furthermore, the DNA analyses of the bloodstains found in Horner’s bakkie, which were conducted at a private lab, were inconclusive.

During the bail hearing the state's witness and leading investigator(IO) Captain, Pieter Myburgh, told the court about several alleged credible statements from other state witnesses who implicated Mahlamba in the murder of Horner.

Captain Myburgh previously told Magistrate Van Rooyen that – according to witnesses – Mahlamba and co-accused Matlaletsa were heard bragging at a local tavern in Fateng-Tse-Ntsho, about how they assaulted a white man who was giving them problems.

Advocate, Machini Motloung, representing accused number 2 Matlaletsa - ridiculed this and said it was unreliable, given the type of environment a tavern was. Mahlamba was also allegedly seen with the deceased’s wallet at the tavern before their arrest on October 3, 2020.

According to a witness, Mahlamba – in the company of Matlaletsa and a third unidentified man – were seen descending from behind the mountains in the direction where the attack on Horner had taken place at the De Rust farm.

His clothes were allegedly bloodstained. Matlaletsa was granted bail of R5000 but soon afterwards he was again arrested on a stock theft charge separate from the Horner case.

Post-mortem results showed that Horner was stabbed in his head, shoulders and hands and according to the results of the autopsy it was found that the deceased died as a result of strangulation. His body was discovered tied to a pole.

The killing sparked tension outside the Magistrates Court, which saw a police van toppled and set alight. Since then two men, Andre Pienaar and Stefanus Johannes Fourie – who are accused of being part of a group that toppled a police van and set it on fire - were arrested and released on bail in two separate courts.

Pienaar was denied bail at the Senekal Magistrate’s Court, but the Bloemfontein High Court overruled the decision and granted him R15 000 bail.

Fourie, who spent the weekend in jail after being arrested, was released on R15 000 bail on his first appearance. He faces public violence, attempted murder and incitement charges.

OFM News