GREAT BRAK RIVER NEWS -  Two former Midbrak AfriForum Neighbourhood Watch members have been convicted following a racially motivated incident in which an interracial couple were followed, threatened and searched in Reebok, Mossel Bay, in 2023.

The Great Brak River Periodical Court found Gideon Wolfaardt guilty on two counts of pointing an object likely to lead a person to believe it was a firearm, as well as assault and crimen injuria, on 16 October. His co-accused, Sarel Jacobs, was found guilty of assault.

The court found that Wolfaardt had made racist remarks and that the couple had been followed and searched without justification.

The sentencing has been set for 27 November.

AfriForum confirmed that both had been removed from neighbourhood watch activities when the charges were brought against them. Jacobs remains an AfriForum member, but does not perform patrol duties, while Wolfaardt is no longer a member.

Couple followed and boxed in

The court heard that in the early hours of 2 July 2023, Wolfaardt had followed Amanda Khumalo and her then partner from a garage in Fraaiuitsig and called Jacobs for backup.

Khumalo gave Mossel Bay Advertiser permission to identify her. The male victim asked to remain anonymous.

Using their vehicles, Wolfaardt and Jacobs boxed in the couple’s car, which the male victim was driving.

According to the man’s evidence, Wolfaardt approached with what was later established to be a gas gun, and pointed it at him and Khumalo. Wolfaardt ordered them to put their hands on the dashboard and remain still. Jacobs shone a torch in their faces before Wolfaardt instructed the driver to get out and place his hands on the car’s roof.

Wolfaardt searched the man and asked what he and Khumalo were doing in the area. Both victims testified that Wolfaardt used a racist slur to refer to Khumalo, that he told the man it was the second time he had seen him with a black woman, and that he asked him whether he was afraid of contracting Aids.

Neither Wolfaardt nor Jacobs introduced themselves, wore branded clothing or drove a marked vehicle, according to the victims’ evidence. The man said the car and its boot were searched, Khumalo was photographed without her consent, and photographs were taken of his identity document, number plate and licence disc.

He also testified that Jacobs had threatened to arrest the couple if he saw them again before sunrise. Another person later arrived and escorted the couple to the Great Brak River Police Station, where they opened cases.

Magistrate finds victims credible

Delivering her judgment, Magistrate Retha Pretorius described Khumalo and the male victim as impressive witnesses whose evidence was credible and trustworthy. She found that the discrepancies between their accounts were minor and did not materially affect the case.

In contrast, she found contradictions in Jacobs’ and Wolfaardt’s versions, and said both had made a poor impression on the court, particularly Wolfaardt. 

Pretorius also rejected a defence allegation that the woman who appeared in court was not the woman who had been in the car that night, saying this was unsupported by evidence. The court found that Wolfaardt’s racist remarks explained his decision to pursue the couple. Pretorius said he had seen Khumalo enter the man’s car in a predominantly white area, setting the subsequent events in motion.

She found no sound or justifiable reason for following or searching the couple. Wolfaardt was convicted on all four charges. Jacobs was convicted of assault only because the court was not satisfied that he had known Wolfaardt would point the gas gun or make racist remarks. The assault conviction arose from their aggressive conduct and intention to threaten the couple with physical violence.

Victims welcome verdict

She said it was encouraging to see the justice system work. Her former partner said listening to the evidence had felt like being back on the scene. 

“The racist remarks made about Amanda were unacceptable and have no place in our society whatsoever,” he said. 

“That night, I felt powerless, and I struggled with the feeling that I had failed Amanda by not being able to protect her. I’m grateful that, in the end, we both received the justice we deserved, especially Amanda.”

AfriForum responds

AfriForum’s chief spokesperson for community safety, Jacques Broodryk, said both men were immediately removed from all neighbourhood watch activities when the charges were brought, pending the outcome of the criminal proceedings. Jacobs remains an AfriForum member, but is not an active neighbourhood watch member and performs no patrol or related duties.

“In light of the court’s findings, he cannot currently return to those duties,” Broodryk said.

Wolfaardt is no longer an AfriForum member. Broodryk said the organisation understood that he had lost his employment after the allegations emerged and could no longer afford his membership fees.

Broodryk said AfriForum took the convictions and the conduct described in the Advertiser’s enquiry seriously. 

“Our legal team has identified concerns about certain aspects of the proceedings and the basis for some of the findings. However, we have not yet received the full judgment and must study it before commenting substantively on these concerns, potential internal disciplinary steps, or a possible appeal.”

He confirmed that the Midbrak AfriForum Neighbourhood Watch remains operational.

Broodryk said volunteers receive training and must comply with the law and a strict code of conduct. 

“Racist language, intimidation and unlawful conduct are incompatible with these standards. Our position remains that every member and volunteer must treat the public with dignity and act within the law.” 

‘We bring you the latest Garden Route, Hessequa, Karoo news’