“Surreal” is how Benoni’s Sean Swart describes the moment he was acquitted of a murder charge at the Groblersdal Regional Court on April 10.

However, the family of Rynfield businessman Nardus Blokland are not satisfied with the ruling.

Speaking on behalf of the Blokland family, Chad Thomas from IRS Forensic Investigations, who was appointed by the family to monitor the investigation, said he was shocked by the outcome.

“Together with the family, we are studying the judgement. Based on legal advice, we are considering the possibility of approaching the National Prosecuting Authority to explore available options, including that of an appeal,” he said.

After more than three years, following an incident that forever changed the lives of two families, Swart is focused on “setting the record straight” in order to rebuild the pieces of his shattered life.

On April 14, the Benoni City Times received a statement from Tanya Aucamp, strategic communications and organisational change specialist, acting on behalf of Swart.

The press release titled ‘Court clears Sean Swart: The truth behind the bar chair murder that never was,’ contains excerpts of the findings contained in Magistrate RJ Marais’ verdict.

Recap of events

On November 4, 2022, Blokland and his wife, Alison, were guests at Swart’s 40th birthday celebration, hosted at his Highside Tavern in Tonteldoos, Mpumalanga.

At the time, eyewitnesses claimed that Blokland and Swart’s brother-in-law were showing each other martial arts moves during the party when the brother-in-law, who had recently undergone a hip replacement, fell.

Swart, who had witnessed the exchange from a distance, allegedly hit Blokland in retaliation before storming back into the pub and emerging with a wooden bar stool.

It was further alleged that Swart hit Blokland with the chair. It was believed he died of head and chest injuries.

Swart was arrested but was granted R15 000 bail on November 9, 2022.

The verdict

In his judgement, seen by the City Times, Marais states: “Given the analysis of the medical evidence produced by the State and the defence, this court cannot find that it was able to prove beyond a reasonable doubt what exactly had caused the death of the deceased.

“Blunt force trauma to both the head and chest was ruled out by the medical evidence as the main cause of death.

“In any event, even if the court accepts that the State was able to prove that the main cause of death was blunt force injuries to the head and chest, in remains uncertain how these injuries were inflicted as the medical evidence excludes the scenario that it was inflicted with a hit on the head with a bar stool or continued fist blows to the face.

“It is common cause that the death of the deceased could not have been caused by one hit to the face, as admitted to by the accused, nor could anyone have foreseen that death might occur because of only one hit to the face.”

Marias said: “Given the medical evidence produced at the trial, the most probable cause of death was a pre-existing heart condition (evident from an enlarged heart) that had led to a sudden cardiac death brought on by an acute arrhythmia because of a high alcohol intake and severe emotional distress, all of which cannot be ascribed to anything that the accused had done on that fateful night.”

Swart was acquitted on the main charge of murder.

In conclusion, Marais said the State could not show that Swart had any murderous intent by way of his actions, and it was not proved beyond a reasonable doubt that he severely assaulted Blokland, in the manner in which the witnesses for the state described the assault.

Marais said that medical evidence contradicts the version of the state witnesses and therefore cannot be convicted on a competent verdict of attempted murder or assault with the intent to cause grievous bodily harm.

Swart was convicted of common assault for his own admission of slapping Blokland, earlier in the evening, to which Marais imposed a sentence in the form of a fine of R1 000 or three months imprisonment, wholly suspended for a period of five years, on condition that he is not convicted of assault during the period of suspension.

Swart responds

Sean Swart agreed to respond to questions from the City Times via email facilitated by Aucamp.

“It has been an incredibly difficult three years and seven months,” he said.

“To have your name associated with something like this, while knowing the truth, has been deeply distressing. Even thinking back to that evening remains very painful.”

Speaking about the moment the verdict was delivered, Sean said everything felt surreal.

“The magistrate carefully considered the facts and did his job properly, and for that I am grateful. To carry something so heavy for so long and then having that burden lifted within an hour is surreal, and it will take time to sink in.”

Sean explained that he befriended Blokland through mutual acquaintances in 2019, and they would often socialise.

“His death affected every part of my existence, especially living in Benoni,” he said.

“I lost my job, friends and my name was tarnished. It became difficult to go out or interact with people, knowing there were perceptions and conversations happening around me.

“I withdrew from public life because of the stigma and fear of confrontation. I chose to remain quiet and allow the legal process to run its course, but it has been an incredibly challenging and emotional journey.”

He said that due to financial considerations, his father, Louis Swart, took over operations at the Highside Tavern and farm.

Looking to the future, Sean said his immediate focus is recovery, admitting that due to the prolonged nature of judicial proceedings, at times, he was unsure what the future may look like.

“For now, I just want to regain my footing, take things one day at a time and start rebuilding,” he said.

“I have not made any firm plans. I simply want the space to heal and to live my life again.

“I sought professional counsel for the past few years due to the devastating effects of being ‘found guilty’ by perception. The emotional, social and financial impact has left deep scars.”

In closing, he extended his heartfelt condolences to the family of Nardus Blokland and said he is deeply mindful of the pain and loss they continue to carry.

“Remaining respectful of their grief, I will not be engaging further on this aspect,” he said.

The Blokland family declined to comment other than saying they are dissatisfied with the outcome of the court case.

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