TLU SA is grateful for the withdrawal of the case against farmer Piet Kleynhans and his foreman Etienne Meyer, but the fight for farmers to protect their farms against illegal action continues.
“We were always sure that Piet Kleynhans’ arrest was illegal, and now support action against those who arrested him unlawfully,” said Mr. Bertus van der Westhuizen, TLU SA Regional Chairman: Free State.
“However, my question now is: What is the standard of the prosecuting authority? They even opposed bail. How could they not spot the wrongfulness in his arrest? I liaised with the prosecuting authority in the process, but without success. TLU SA would like to see justice done now. Sitting in a cell between criminals for almost a week is not easy.”
Kleynhans and Meyer were arrested on 18 October 2021, after shooting dead five greyhounds on 16 October, hunting illegally on the farm. The dogs’ owners then filed charges of attempted murder.
Kleynhans’ case is one of many that have been brought to the attention of TLU SA in the past year or so. The legal process is losing its way if law-abiding citizens are now under fire.
“It seems as if criminals are now geared, to immediately lodge a complaint with the police, either for the pointing a weapon, racism, attempted murder, assault, intimidation or even murder against the farmer without any evidence. In most cases, the farmer is arrested, and the law-abiding citizen finds himself in the dock. More so, nothing happens to the person who first broke the law.”
According to Mr Geldenhuys, the legal system is now being overturned, to protect the criminal and not look after the interests of the law-abiding citizens.
“If your farm is entered illegally, you must be able to protect yourself! But now you apparently have to choose between getting shot yourself or going to jail…”
“A farmer appears to be guilty regardless of the circumstances before he is tried. Does the emotion of the community now apply more to the administration of justice than fairness and justice and the principle that everyone is equal before the law?”
Mr Geldenhuys further says that the legal system is supposed to capture the element of crime and it should consider who was the initiator of the situation which then subsequently makes the farmer a criminal.
“If the criminals had not entered the land illegally in the first place, there would have been no incident. The question that exists today is what about the farmers’ rights to protect their legal property.”
Mr. Bennie van Zyl, TLU SA General Manager, added: “A letter was sent to the Prosecuting Authority on 3 March. We are, of course, very grateful that Piet’s case was withdrawn. The bigger problem is that we are unfortunately suffering too much from incompetent or spiteful legal servants.”
In the letter to lawyer RJ de Kock, reference is made to the need for the NPA to have a professional and credible approach. If civilians are prosecuted when they protect their assets and person, no cooperation can be expected.
“The result is dissatisfaction, mistrust and disloyalty,” Mr. Van Zyl said.
Read the original article on TLU SA
