Three men on trial for the brutal murder of farm worker Dumisani Phakathi
Image: Zelda Venter
If it were not for an early morning stop-and-search operation by the police on the R511 towards Brits, North West, the truth of what happened to a farm worker who was allegedly murdered would have probably never been discovered.
The police noticed the bakkie they had stopped with two occupants inside was loaded with black garbage bags. They then saw legs sticking out from under the bags, covered with blood. It was then that they discovered the lifeless body of Dumisani Phakathi, with his head covered by plastic.
Phakathi was allegedly murdered because he walked to a nearby chicken farm with a plastic container in his hand to collect water.
The three men accused of assaulting and killing him earlier pleaded not guilty to murder in the Gauteng High Court, Pretoria. While it was confirmed through an autopsy that he had been beaten to death, the three accused pointed fingers at each other as the culprits.
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Advertisement
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Next
Stay
Close ✕
The deceased came to fetch water at the farm outside Brits on September 16, 2023, when he was allegedly attacked by the three accused - Jaco Kemp, Louis Coetzee, and Gert van der Westhuizen - who were having a braai.
Kemp, who blamed his co-accused Van der Westhuizen for the deadly assault, told the court that Phakathi did not pose a threat when he came to fetch water on the farm. Van der Westhuizen blamed Kemp and Coetzee for the assault, while the latter in turn blamed his two co-accused.
Coetzee earlier testified in tears that Van der Westhuizen noticed the deceased at the gate to the farm. Coetzee said he was told to go and find out what the man wanted. Phakathi explained that he simply wanted to fetch some water.
According to Coetzee, Van der Westhuizen was there within seconds, joined by Kemp. He said while Kemp repeatedly bashed the deceased with his head, Van der Westhuizen kept on punching Phakathi.
He testified that the man was assaulted from the small gate on the farm to the main gate. By the time they reached the main gate, he was unconscious. He was, however, later further assaulted in a storeroom on the farm until he eventually died from the blows to his head.
Kemp, during his testimony, accused Van der Westhuizen of kicking the man and assaulting him with clenched fists. While distancing himself from the murder, Kemp did admit that after Phakathi died, he bound his head in plastic and bound his feet before loading the body on the bakkie.
They drove along the Brits-Thabazimbi Road when the police stopped them in the early hours of the next morning, when the body was discovered under rubbish on the back of the bakkie.
Coetzee, meanwhile, testified that he had nothing to do with the murder and that he simply stood by when the deceased was assaulted.
Asked why he did nothing to assist the helpless man, why he did not call for assistance, Coetzee testified that he was afraid of his co-accused.
Both the State and the defence had, meanwhile, closed their cases. The case was on Thursday postponed to July 29 for final arguments before judgment is delivered.
Cape Times
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
11 hours ago
- IOL News
‘Millions of Assumptions': Wins SARS Fraud Case, Casts Doubt on Blue Lights Trial
Defence attorney Pierre du Toit successfully argued that there was no evidence of fraud, deception, or intent to mislead SARS Image: Supplied The State's long-standing corruption case against businessman Vimpie Phineas Manthata suffered a major blow this week when the Palm Ridge Magistrate's Court acquitted him and his co-accused in a R19 million tax fraud case that had formed a central pillar of the broader 'blue lights' procurement scandal. The verdict, delivered by Magistrate Phindi Keswa, saw Manthata, his company Instrumentation for Traffic Law Enforcement (ITLE), and bookkeeper Judy Rose cleared of all charges related to alleged violations of the Tax Administration Act during the 2018 and 2019 tax years. Legal experts say the State's inability to prove its SARS case beyond a reasonable doubt will now put additional pressure on the corruption trial, which has already faced years of delays, procedural blunders, and accusations of political motivation. 'The prosecution could not distinguish between clerical mistakes and criminal conduct,' Magistrate Keswa ruled. 'Assumptions and administrative discrepancies cannot be used to build a case without clear evidence of intent.' Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ SARS Case Unravels The SARS prosecution had alleged that Manthata's company manipulated its tax returns to avoid paying nearly R19 million in VAT and other obligations. But defence attorney Pierre du Toit successfully argued that there was no evidence of fraud, deception, or intent to mislead SARS.'This case is not about millions of rands, it is about millions of assumptions,' Du Toit told the court during closing arguments. 'The burden is on the State to prove guilt, and it has failed to do so in spectacular fashion.' He cited landmark cases including *State versus Prinsloo* and *State versus Futche*, which require a demonstration of clear intent to commit fraud — a standard the court agreed had not been officials admitted under cross-examination that they had no direct proof of falsified entries, and Rose testified that all bookkeeping was done using standard software and practices. Implications for the Blue Lights Trial The collapse of the tax case undermines the State's broader narrative in the so-called blue lights corruption case, in which Manthata, former acting national police commissioner Kgomotso Phahlane, and ten others face charges linked to the irregular procurement of emergency police equipment worth R191 million. The State had portrayed ITLE as a central vehicle for corrupt payments, with the SARS case meant to illustrate how the company allegedly misrepresented its financial affairs. Now, with the tax fraud allegations discredited, the entire corruption case may be on shaky ground. Last week, the same court postponed the blue lights trial yet again — this time to October 2025 — after severe criticism of the State's inability to produce a coherent charge sheet more than seven years after the case was first opened. Growing Criticism of the Prosecution Magistrate Ashika Ramalal lambasted the prosecution's handling of the case, saying the delays and repeated administrative errors were unacceptable. Still, she ruled that the trial would go ahead next year, warning that no further postponements would be tolerated. Defence attorneys argued that their clients had suffered severe prejudice and that the continued delays were violating their right to a fair and timely trial. Accused number 9 was even left without legal representation at one point, prompting the State to suggest separating the charges — a proposal strongly opposed by the defence. The situation has been further complicated by the State's repeated failure to serve Phahlane properly and controversy over the dropping and reinstatement of charges against Manthata, a move legal observers say sets a dangerous precedent. But with one major case already dismissed and serious doubts now hanging over the remaining charges, many are questioning whether the blue lights corruption trial will ever result in a conviction, or if it is yet another politically entangled case destined to collapse under the weight of its mismanagement.
IOL News
14 hours ago
- IOL News
Hawks continuing investigation into mysterious theft of R200 million drugs theft at DCPI offices
The Directorate for Priority Crime Investigation, commonly known as the Hawks, has confirmed that the investigation into the circumstances surrounding this elaborate heist is ongoing, yet clarity remains elusive. Image: File More than four years after R200 million worth of drugs vanished from the Port Shepstone Serious Organised Crime offices in 2021, the Directorate for Priority Crime Investigation (DPCI), known as the Hawks, states that the circumstances surrounding the disappearance remain uncertain and are still under investigation. At the time, the Hawks announced the launch of an inquiry into the circumstances surrounding this unexpected break-in, which set tongues wagging over the R200 million cocaine theft. However, the VP Justice Foundation, through its founder, Visham Panday has questioned whether anyone has been held accountable for the theft. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ With the ongoing spotlight on police inflitration by alleged drug kingpins, Panday has placed the blame squarely on Major General Lesetja Senona, the head of the province's Hawks. "How come General Senona was not suspended when the drugs disappeared from his watch. He is still being paid a salary, when more than 200 million worth of drugs were allegedly stolen. Now that the NPA has launched the investigation, heads are rolling. That surprises us as the VP Justice Foundation, we want to know why Senona and his team are not arrested. We know about the investigation, but the question is, what are they doing about it?" he said. In 2021, responding to the break-in, Hawks spokesperson, Brigadier Nomthandazo Mbambo, in a statement, said the incident was suspected to have occurred between 4 pm and 7 am, after which a case of business burglary having been registered for further investigation. 'The suspects gained entry into the building by forcing open the windows. One of the safes in the office, which was used to store exhibits, was tampered with. The suspects stole 541kg of cocaine drugs to the street value of R200 000 000 and ransacked the office where safes were kept,' she said. This week, Mbambo said the Hawks are investigating the matter stating:"Investigation into the theft of drugs at the DPCI Port Shepstone still continues and details thereof cannot be made available to the public so as to protect the integrity of the investigation." In an email to the National Prosecuting Authority (NPA), the Gosai and Incoporated said it is aware of the NPA investigation involving Major General Senona related to the R200 million drug theft. "Our clinet calls for the immediate suspension of General Senona and other implicated persons, pending the finalisation of the investigation and decision, and instructs that he is the person in the possession of the evidence whichhwhich could be of assistence and is prepared to meet with the NPA to handover." However, the NPA was never able to confirm the alleged investigation into the matter following attemps to get comment from the NPA with Generl Senona also not available to respond to the allegations.
IOL News
16 hours ago
- IOL News
Three men arrested for rhino poaching in KwaZulu-Natal
Three men suspected of violent poaching incident at a KwaZulu-Natal game reserve arrested. Image: Armand Hough Three men believed to be behind a violent poaching incident at a KwaZulu-Natal game reserve have been arrested and found in possession of two unlicensed rifles and a rhino horn. Police in KwaZulu-Natal, working alongside private security companies, apprehended the suspects, aged between 34 and 50, in Paulpietersburg on Saturday, following an intensive manhunt. According to a statement from the Office of the Provincial Commissioner of the South African Police Service in KwaZulu-Natal, the suspects entered a game reserve in the early hours of Friday, wearing face-concealing masks. They accosted and tied up two security guards, robbing them of an R5 assault rifle, a shotgun, and their cellphones. 'They then proceeded to shoot a rhino and removed its horn. While busy with their criminal activity, they were distracted by the sound of an alarm that had been activated,' said Lieutenant Colonel Paul Magwaza. The suspects fled the scene, leaving behind the shotgun next to the rhino's carcass. Police responded swiftly to the alert but found that the suspects had already fled. Officers and private security personnel spent the day combing the area with assistance from community members. The suspects were eventually found hiding in the bush and arrested. 'In their possession was an R5 rifle, a .303 rifle, and a rhino horn,' said Magwaza. 'The police seized the vehicle in which they were travelling.' Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The suspects are facing charges of armed robbery, rhino poaching, and possession of unlicensed firearms and ammunition. They are due to appear at the Vryheid Magistrate's Court on Monday, 28 July 2025. The arrest comes just weeks after Minister of Forestry, Fisheries and the Environment Dr Dion George revealed that 103 rhinos were poached across South Africa in the first three months of 2025, with 16 incidents reported in KwaZulu-Natal alone. 'The loss of 103 rhinos to poaching in the first three months of 2025 is a stark reminder of the relentless threat to our wildlife,' Dr George said, while commending efforts that led to zero poaching incidents in four provinces. The Department of Forestry, Fisheries and the Environment continues to work with SAPS and the NPA to strengthen law enforcement and bail opposition for poaching suspects. THE MERCURY
