Latest news with #CriminalLawAmendmentAct105
IOL News
13 hours ago
- IOL News
Chanelle Plaatjies murder: Suspects abandon bail bid amid ongoing investigation
The distraught Plaatjies' family previously asked for the police not to drag the case as they did with the slain 4-year-old Mia Botha's case. Image: Ayanda Ndamane / Independent Newspapers The three men accused of murdering 16-year-old Chanelle Plaatjies have abandoned their bail application and will remain in custody until their next court appearance. Keaton Johnson, 19, Bradley Mamani, 25, and Theodore Qatha, 31, appeared in the Paarl Magistrate's Court on Tuesday facing charges relating to the brutal murder of the teenage girl from Paarl East. They first appeared in court on June 20. Johnson was reportedly the teenager's boyfriend. Plaatjies went missing on May 14. After a desperate two-week search by her family and community, human remains were discovered in a wooded area about a kilometre from her home, but DNA tests had to confirm it was her body that was dug out of the shallow grave. Police spokesperson, FC van Wyk said: "Be advised that the DNA results were received and confirmed that the body of a female discovered buried in the woods in Paarl East near to prison is indeed 16-year-old Chanelle Plaatjies." Chanelle Plaatjies Image: Facebook According to the charge sheet, the accused are charged with premeditated murder. The State alleges that 'the accused did unlawfully and intentionally kill Chanelle by strangling her and burying her body in a shallow grave'. The charge falls under Part I of Schedule 2 of the Criminal Law Amendment Act 105 of 1997, which deals with aggravated forms of murder, including killings committed as part of a group, conspiracy, or with premeditation. As such, if convicted, the accused face a mandatory sentence of life imprisonment. Action Society spokesperson, Kaylynn Palm, who was present at court on Tuesday, confirmed that one of the accused had initially considered applying for bail but later withdrew the application. All three ultimately abandoned their bids and remain in custody. 'Action Society is at Paarl Magistrate's Court for the murder case of Chanelle Plaatjies. Three people were arrested, including the boyfriend, and they appeared in court. On Tuesday, all of them abandoned their bail,' said Palm. She added that the State informed the court that several investigative reports were still outstanding. 'According to the State, outstanding items include the DNA report, soil analysis, and toxicology report,' Palm said. She also noted that the accused alleged mistreatment while in custody. 'They complained that they were roughed up by the wardens and were apparently injured, but they didn't produce any evidence of that.' Palm said Action Society will keep an eye on the future court proceedings. The matter has been postponed to August 1, 2025, for further investigation. Plaatjies' family previously asked for the police not to drag the case as they did with the slain 4-year-old Mia Botha's case. "We would like to request that the police keep the investigating officer and not hand the case over to other officers, as they did with the Mia case. The detective was very good and thorough when my sister went missing. "We don't want to find ourselves years from now asking questions about Chanelle's cold case. This is our only request to the police." Get your news on the go, click here to join the Cape Argus News WhatsApp channel. Cape Argus
IOL News
14 hours ago
- IOL News
Accused in Chanelle Plaatjies murder case abandon bail application
Chanelle Plaatjies' body was found buried in a shallow grave. Image: Facebook The three men accused of murdering 16-year-old Chanelle Plaatjies have abandoned their bail application and will remain in custody until their next court appearance. Keaton Johnson, 19, Bradley Mamani, 25, and Theodore Qatha, 31, appeared in the Paarl Magistrate's Court on Tuesday, facing charges relating to the brutal murder of the teenage girl from Paarl East. Johnson was reportedly the teenager's boyfriend. Plaatjies went missing on May 14, 2025. After a desperate two-week search by her family and community, her remains were discovered in a wooded area about a kilometre from her home. Her body had been buried in a shallow grave. 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 ✕ According to the charge sheet, the accused are charged with premeditated murder. The State alleges that 'the accused did unlawfully and intentionally kill Chanelle by strangling her and burying her body in a shallow grave'. The charge falls under Part I of Schedule 2 of the Criminal Law Amendment Act 105 of 1997, which deals with aggravated forms of murder, including killings committed as part of a group, conspiracy, or with premeditation. As such, if convicted, the accused face a mandatory sentence of life imprisonment. Action Society spokesperson Kaylynn Palm, who was present at court on Tuesday, said: 'Action Society is at Paarl Magistrate's Court for the murder case of Chanelle Plaatjies. Three people were arrested, including the boyfriend, and they appeared in court. All of them abandoned their bail.'
IOL News
a day ago
- IOL News
Suspects in Chanelle Plaatjies murder case abandon bail application
Chanelle Plaatjies' body was found buried in a shallow grave. Image: Facebook The three men accused of murdering 16-year-old Chanelle Plaatjies have abandoned their bail application and will remain in custody until their next court appearance. Keaton Johnson, 19, Bradley Mamani, 25, and Theodore Qatha, 31, appeared in the Paarl Magistrate's Court on Tuesday, facing charges relating to the brutal murder of the teenage girl from Paarl East. Johnson was reportedly the teenager's boyfriend. Plaatjies went missing on May 14, 2025. After a desperate two-week search by her family and community, her remains were discovered in a wooded area about a kilometre from her home. Her body had been buried in a shallow grave. 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 Next Stay Close ✕ Ad loading According to the charge sheet, the accused are charged with premeditated murder. The State alleges that 'the accused did unlawfully and intentionally kill Chanelle by strangling her and burying her body in a shallow grave'. The charge falls under Part I of Schedule 2 of the Criminal Law Amendment Act 105 of 1997, which deals with aggravated forms of murder, including killings committed as part of a group, conspiracy, or with premeditation. As such, if convicted, the accused face a mandatory sentence of life imprisonment. Action Society spokesperson Kaylynn Palm, who was present at court on Tuesday, confirmed that one of the accused had initially considered applying for bail but later withdrew the application. All three ultimately abandoned their bids and remain in custody. 'Action Society is at Paarl Magistrate's Court today for the murder case of Chanelle Plaatjies. Three people were arrested, including the boyfriend, and they appeared in court. On Tuesday, all of them abandoned their bail,' said Palm.
Daily Maverick
26-05-2025
- Daily Maverick
Joshlin Smith case — State to call for life imprisonment
Sentencing proceedings in the Joshlin Smith trial begin in Saldanha Bay on Tuesday. It's unclear whether the defence will call witnesses or take the stand. Sentencing proceedings in the Joshlin Smith case are set down for Tuesday and Wednesday this week before Judge Nathan Erasmus is due to hand down the sentences for Racquel Smith, Jacquen Appollis and Steveno van Rhyn on Thursday, 29 May. This will bring an end to the trial, which began on 3 March 2024 in the Western Cape High Court, sitting in the Multipurpose Centre in Saldanha Bay. It resulted in the conviction of Smith, Appollis, and Van Rhyn on counts of human trafficking and kidnapping stemming from Joshlin's disappearance on 19 February 2024. On Friday, 23 May, Smith, Appollis and Van Rhyn appeared briefly in court in Cape Town, where Erasmus rubber-stamped the transfer of the case to Saldanha Bay. State prosecutor Zelda Swanepoel told the court that the State had finalised the impact victims' statements from members of the community. They were taken in Afrikaans and will be read into the record. 'Your honour, the State will also conduct a virtual testimony with Dr Marcel van der Walt, an expert on human trafficking,' Swanepoel said. Van der Walt is a former member of the Hawks who has done extensive research on human trafficking, organised crime and corruption. Counsel for the accused told the court they were awaiting instructions from their clients on whether they would call witnesses to testify in mitigation for sentencing. The accused neither testified nor called witnesses during the trial. Smith, Appollis and Van Rhyn arrived at court an hour late on Friday. Appollis told the judge that he had not yet been interviewed by a social worker. However, the court heard that Van Rhyn was interviewed by a psychologist and Smith was interviewed by a social worker. These reports will be used by the accused's counsel during mitigation for sentencing. Smith, her boyfriend Appollis and their friend Van Rhyn were convicted on charges stemming from Joshlin's disappearance from the Middelpos informal settlement in Saldanha Bay. The court relied heavily on the testimony of State witness Laurentia Lombaard, who was a former accused in the case, who testified that Smith said she had sold Joshlin, then a six-year-old Grade 1 pupil at Diazville Primary, to a sangoma for R20,000. Smith also told an acquaintance of her plans to sell her daughter. Lombaard testified that Appollis and Van Rhyn were party to the deal and the court heard from police that the trio did not appear overly concerned about Joshlin's disappearance, despite the widespread search for the six-year-old. Seriousness of charges The State is calling for life imprisonment in terms of Section 51 (1) of the Criminal Law Amendment Act 105 of 1977, on the main count of trafficking in persons. The State will also contend that the kidnapping and trafficking of Joshlin were premeditated and that the plan had been conceptualised in August 2023. It will argue that the accused showed no remorse and did not take the court into their confidence. Furthermore, the State will point out that Appollis and Van Rhyn lied in their statements, which Judge Erasmus ruled were admissible and could be used as evidence against them. This had tainted their character and trustworthiness. Another aspect the State will highlight is the interest of the public, how this case reverberated throughout the country. It is the first conviction for the selling of a child where the body has not yet been found. Mitigating factors Arguments for the accused's counsel during mitigation of sentencing will centre on presenting evidence that substantial and compelling circumstances exist to persuade the court to deviate from the prescribed minimum sentence of life imprisonment. But this will be a tough argument, given Appollis, Van Rhyn and Smith exercised their right to remain silent. There is little evidence from the trio to contradict the State's overwhelming evidence against them. The reports compiled by social workers in respect of Appollis, Van Rhyn and Smith will outline their personal circumstances, which include their status and character, including other factors in their favour that may mitigate the sentence against them. The three have admitted to being regular drug users. Fate of Lombaard At the conclusion of the case, a separate trial will be held to determine whether Lombaard will receive indemnity from prosecution. After she was charged, she became a State witness and exposed the plot that led to the human trafficking of Joshlin. During the trial, Lombaard's statements and evidence in chief were riddled with inconsistencies. The defence argued that Lombaard was an unreliable witness. However, the court found some of Lombaard's evidence corroborated the evidence of evangelist Steven Coetzee, an acquaintance of Smith's, who said she had told him of plans to sell her children. On Friday, Judge Erasmus said: 'At the end of this trial, there will be a separate trial in the Western Cape High Court to determine whether I should grant Lombaard indemnity or not. 'Based on her evidence, I need to hear arguments before I make a ruling. Arguments will be presented by her legal representation.' DM
