UN HR Committee Finds Boeremag Court Case Violated Fair Trial Tights, SA Given Deadline to Respond

UN HR Committee Finds Boeremag Court Case Violated Fair Trial Tights, SA Given Deadline to Respond

  • The United Nations Human Rights Committee has made several findings regarding the Boeremag court case
  • The 11-year case centred around plots to overthrow the country's first democratically elected government
  • Social media users weighed in on the UN's findings. sharing mixed reactions to the ruling and recommendations
The United Nations Human Rights Committee found that there were violations in the Boeremag trial
The United Nations Human Rights Committee found that there were fair trial violations in the Boeremag court case. Image: Fabrice Coffrini/ Alexander Joe
Source: Getty Images

Byron Pillay, a Briefly News journalist, has dedicated a decade to reporting on the South African political landscape, crime, and social issues. He worked as a newspaper journalist for 10 years before transitioning to online.

SWITZERLAND – South Africa has been given 180 days to report to the United Nations Human Rights Committee, after it found that the Boeremag court case violated the fair trial rights of three accused.

The Boeremag trial, which lasted approximately 11 years, resulted in the conviction of 22 white supremacists for high treason in 2013. They were convicted of plotting to overthrow the country's first democratically elected government and conspiring to assassinate Nelson Mandela. They were also convicted for setting off bombs in Soweto, which led to the death of Claudia Mukwane, who was crushed by a heavy piece of metal railway track.

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Three of the men, Johan Pretorius and his two sons, Johan and Wilhelm, have been appealing the ruling for a year before they turned to the UN's Human Rights Committee. They were sentenced to 20 and 25 years respectively for terrorism, high treason and sabotage.

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Mr Pretorius , next to his sons Johan and Wilhelm Pretorius
Mr Pretorius, next to his sons Johan and Wilhelm Pretorius, during the 11-year Boeremag trial. Image: Alexander Joe
Source: Getty Images

What did the committee find?

The Committee found that there were violations of the right to a fair trial under the International Covenant on Civil and Political Rights (ICCPR).

This was specifically tied to undue delay in the proceedings, with the 11-year duration deemed excessive. The committee also found that the inability to appeal the convictions and sentences was also a violation of the right to a fair trial.

The Committee also noted that South Africa either did not respond or provided inadequate submissions during the process, which ultimately weighed against it.

While the Committee noted that there were violations, it did not re-examine or overturn the original convictions as its role is just to assess whether the process complied with ICCPR standards, and it does not act as a court.

South Africa given deadline to respond UN HR Committee

The Committee has now given South Africa 180 days to report back and explain the violations. The country will have to explain or justify the length of the trial and the denial of appeal rights.

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The country has also been ordered to take steps to prevent similar violations from happening in the future.

Spokesperson for Minister of Justice and Constitutional Development, Terence Manase, told News24 that Minister Mmamoloko Kubayi directed that a comprehensive account be obtained from South Africa's office in Geneva, together with inputs from all relevant stakeholders,’ to establish an accurate record of this matter.

Social media discusses the ruling

Social media users weighed in on the Committee’s findings, sharing mixed reactions to it.

@Blykch1d suggested:

“Well, we invited this by getting involved with the Israel genocide case.”

@KelvinSegale stated:

“We do not take the UN seriously. They are scared of Trump, who is committing war crimes.”

@TumeloModu33237 asked:

“What compensation and redress for black people did the UN impose on the Apartheid government?”

@OnkeZulu stated:

“The UN has long lost its credibility.”

@Ramokabane52269 claimed:

“That ruling is just mere paper. It's not enforceable in South Africa.”

Dr Mbuyiseni Ndlozi reacts to Boeremag suspects receiving bail

Briefly News reported in May 2021 that Dr Mbuyiseni Ndlozi shared his thoughts on the Boeremag case.

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Dr Ndlozi, who was a member of the Economic Freedom Fighters (EFF) at the time, reacted after two suspects were granted bail.

His comments resonated with his followers on social media, who also shared their frustrations about the pair receiving bail.

Source: Briefly News

Authors:
Byron Pillay avatar

Byron Pillay (Current Affairs Editor) Byron Pillay is a Current Affairs Editor at Briefly News. He received a Diploma in Journalism from the Caxton Cadet School. He spent 15 years covering politics, crime and current affairs. He was also the Head of Department for Sports Brief, where he covered both local and international sporting news. Email: byron.pillay@briefly.co.za