Van Zyl assault case set for plea and trial in September
Court warns State against further delays
A Lüderitz magistrate dismissed an application to relax the accused's bail conditions ahead of the trial.
The domestic assault trial against well-known Lüderitz businessman Erasmus 'Poenie' van Zyl has been postponed to 3 September, despite protests by his legal counsel that the postponement disadvantaged the accused.
Van Zyl, the owner of Reich’s Pharmacy in the harbour town, is accused of allegedly abusing his wife and violating a restraining order.
He was granted bail of N$10 000 following his arrest.
On 25 March, he appeared before magistrate Whitney Ndaruka Chaka at the Lüderitz Magistrate’s Court.Although the matter was on the roll for plea and trial and all witnesses were present with the exception of the complainant, Elna Van Zyl, the public prosecutor, Tuna Ipinge, informed the court that the State was not ready to proceed and requested a postponement.Tangeni Hausiku, who represented the accused, expressed his dismay with the application for a postponement and requested that the matter be struck from the roll. “The State's house is not in order," he argued."This is not the first time and it is frustrating the administration of justice on the accused’s rights. This is a private instruction and it is with prejudice to the accused that the matter is always postponed. Compared to the accused person, there will be no prejudice to the State should the case be removed from the court roll,” he told the magistrate.
Chaka acknowledged the prejudice caused in respect of the accused and warned the prosecution that if the State "does not proceed with trial on 3 September, which is a final remand date set in respect of plea and trial, you may apply for the matter to be struck from the roll."
Unsuccessful application
Haufiku also brought an application to have the bail conditions set for Van Zyl, who is required to report to the Lüderitz Police Station every Monday between 08:00 and 17:00, removed.
“The accused must report to the police once a week, which makes it difficult for him to conduct his business," he argued.
He asked the magistrate to relax the conditions for Van Zyl to report only once every two weeks "for travel purposes".
Ipinge objected to the request and the magistrate refused the application and warned the accused not to have any contact with the complainant. “Reporting once a week does not impact the business of the accused in any way. Nothing stops the accused from travelling out of town as long as he makes prior arrangements with the investigation officer," Chaka said.
"There is a reason why the court granted bail with such stringent conditions and I will not interfere with it,” she emphasised.
Van Zyl's sister-in-law Ria van der Schyff accused Van Zyl of abusing his wife Elna in a social media post on 8 September 2023. According to Van der Schyff, Van Zyl locked Elna out of their home, leaving her out in the cold, and severely assaulted her on various occasions, which resulted in her sustaining broken bones.
Elna subsequently opened a case and sought a restraining order against her husband because of continuous physical abuse.
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Van Zyl, the owner of Reich’s Pharmacy in the harbour town, is accused of allegedly abusing his wife and violating a restraining order.
He was granted bail of N$10 000 following his arrest.
On 25 March, he appeared before magistrate Whitney Ndaruka Chaka at the Lüderitz Magistrate’s Court.Although the matter was on the roll for plea and trial and all witnesses were present with the exception of the complainant, Elna Van Zyl, the public prosecutor, Tuna Ipinge, informed the court that the State was not ready to proceed and requested a postponement.Tangeni Hausiku, who represented the accused, expressed his dismay with the application for a postponement and requested that the matter be struck from the roll. “The State's house is not in order," he argued."This is not the first time and it is frustrating the administration of justice on the accused’s rights. This is a private instruction and it is with prejudice to the accused that the matter is always postponed. Compared to the accused person, there will be no prejudice to the State should the case be removed from the court roll,” he told the magistrate.
Chaka acknowledged the prejudice caused in respect of the accused and warned the prosecution that if the State "does not proceed with trial on 3 September, which is a final remand date set in respect of plea and trial, you may apply for the matter to be struck from the roll."
Unsuccessful application
Haufiku also brought an application to have the bail conditions set for Van Zyl, who is required to report to the Lüderitz Police Station every Monday between 08:00 and 17:00, removed.
“The accused must report to the police once a week, which makes it difficult for him to conduct his business," he argued.
He asked the magistrate to relax the conditions for Van Zyl to report only once every two weeks "for travel purposes".
Ipinge objected to the request and the magistrate refused the application and warned the accused not to have any contact with the complainant. “Reporting once a week does not impact the business of the accused in any way. Nothing stops the accused from travelling out of town as long as he makes prior arrangements with the investigation officer," Chaka said.
"There is a reason why the court granted bail with such stringent conditions and I will not interfere with it,” she emphasised.
Van Zyl's sister-in-law Ria van der Schyff accused Van Zyl of abusing his wife Elna in a social media post on 8 September 2023. According to Van der Schyff, Van Zyl locked Elna out of their home, leaving her out in the cold, and severely assaulted her on various occasions, which resulted in her sustaining broken bones.
Elna subsequently opened a case and sought a restraining order against her husband because of continuous physical abuse.
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