The North Gauteng High Court in Pretoria has sentenced three farmers to life imprisonment each for the 2023 murder of a Mamokgalieskraal farm dweller.

Jaco Wessels Kemp, 36, Louise Coetzee, 29, and Gert Frederik van der Westhuizen, 38, were found guilty of the premeditated murder of Dumisani Phakathi.

Brutal attack and attempted cover-up

In addition to the life sentences, the court declared all three unfit to possess firearms and ordered them to surrender all firearms, ammunition, licences, authorisations, and permits to the investigating officer.

On 16 September 2023, the three farmers were having a braai at a chicken farm in Mamogaleskraal near Brits, North West.

They noticed Phakathi walking past the farm gate at around 4pm, en route to collect water from a nearby furrow that community members commonly use as a water source.

The three men then approached him and assaulted him.

They then dragged him into a storage facility inside the chicken farm, where the assault continued until he succumbed to his injuries.

National Prosecuting Authority (NPA) Gauteng spokesperson Lumka Mahanjana said two of the farmers were stopped by police the following day.

“In the early hours of 17 September 2023, at approximately 2am, Kemp and Coetzee were stopped by police during a stop-and-search operation on the R511 towards Brits while driving a bakkie.”

The vehicle, Mahanjana said, was loaded with black refuse bags.

During the search, police noticed human legs protruding from underneath the bags.

“Upon further inspection, they discovered the bloodied body of the deceased, with his head covered in plastic,” she said.

Trio arrested

Kemp and Coetzee were immediately arrested at the scene.

Two days later, van der Westhuizen handed himself over to the police after investigations linked him to the offence.

Mahanjana said the three men pleaded not guilty in court.

“However, the state prosecutor, advocate Lawrence More, presented compelling evidence through state witnesses, proving the state’s case beyond a reasonable doubt.”

In mitigation of sentence, the accused requested the court to deviate from imposing the prescribed minimum sentence.

They cited the time they had already spent in custody since their arrest and that they have children to take care of.

However, More argued for life imprisonment because the trio killed the deceased for no reason.

Court finds no remorse

More told the court the deceased was killed in an inhumane and cruel manner, and his body was placed in rubbish bags in an attempt to throw it at a dumping site. 

He also read into the record the Victim Impact Statements, facilitated by court preparation officer Lebogang Lebese.

In one of the statements, Phakathi’s sister expressed that she no longer trusts white people because of the incident.

Mahanjana said the judge agreed with the state that the three showed no remorse for the offence, and that they killed a man for no apparent reason.

“Therefore, the only conclusion he can derive from the killing is that it was racially motivated.”

She said the NPA welcomed the sentence and reiterates its commitment to ensuring accountability for violent crimes, particularly those committed against vulnerable members of society.