Sonell Joubert disputes police testimony in new affidavit
Sonell Joubert, accused of premeditated murder, has recently procured the services of a new attorney to reapply for bail in the Tonga Magistrate's Court.
Court proceedings in the bail application of Sonell Joubert (43) took a new direction on Tuesday, February 18, when she submitted an additional affidavit to the Tonga Magistrate’s Court.
In it, she challenged testimony presented against her and confirmed that she would plead not guilty.
Judgment on her bail application, which was heard by Magistrate Ningi Neko on February 10, was supposed to be delivered, but will now only take place on February 24.
Joubert, who was remanded in custody, further informed the court that she would be represented by a new attorney, Marco Lamberti, after she had suspended the services of Jaice Terblanche, who appeared on her behalf during the first bail application. She is accused of premeditated murder after Jurgens Nel was found dead with multiple stab wounds on Lowhills Farm on February 3. Joubert and her life partner, Johann Möller, live on the farm.
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State prosecutor Benet Jali first addressed the court and opposed the admittance of a new affidavit: “The State is ready for the bail application judgment, Your Worship, but it seems the accused wants another opportunity to submit a new affidavit. Proper procedures must be followed. It is inappropriate … because we do not know the basis of reopening the State’s case.”
After a back-and-forth legal wrangle between the State and the defence, the magistrate ruled that the new affidavit could be read to the court and admitted as evidence. In the affidavit, which Lamberti read to the court, Joubert confirmed that she owned a business related to educational interactions with the elephant known as Tswale.
In the document, Joubert pointed out that – should she be granted bail – she would be willing to present herself to the KaMhlushwa Police Station three times a week, hand in her passport and abide by any conditions the court should prescribe.
Joubert’s affidavit also addressed the charge and disputed that it fell under schedule 6 (premeditated murder) of the Criminal Procedure Act, insisting that it qualifies as a schedule 5 charge.
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Joubert further denied that she had pending or previous convictions or that she was found to be in contempt of a civil court order. These allegations were made by the prosecution during her previous bail application. “Accordingly, my previously appointed attorneys were ambushed, such that I was unable to even be provided with a copy of the said warrant or instruct my attorneys in relation thereto,” Joubert said in her affidavit.
She vehemently denied the State’s assertion that she was in contempt of court and had a disregard for honouring orders given by South African courts. These allegations were made in support of the State’s opposition to her bail application.
“Being a lay person with very limited knowledge of the law, I admit I entrusted previously appointed professionals to act on my behalf under the pretence that the requisite skills were in the knowledge of such professionals and that they would be able to provide this honourable court with the necessary information to satisfy the honourable court that the interest of justice permits my release on bail,” said Joubert in the affidavit.
The affidavit disputes the evidence presented to the court under oath by the investigating officer, Sergeant Bonginkosi Given Nguyuza.
He had told the court on February 10 that when he and seven other officers had arrived at Lowhills on February 3, they intended to arrest Nel for violating a protection order. Nguyuza said he had gone with backup because Joubert had painted Nel as an aggressive man who had assaulted and insulted her.
Joubert stated she had approached the KaMhlushwa police on Saturday, February 1, reporting that Nel had violated a protection order she had against him. She claimed he had assaulted her again, something he was court-barred from doing.
Nguyuza previously testified that two police officers had gone to the farm later that night to attend to the complaint, only to be told by Joubert that Nel had locked himself inside the house, that he was aggressive and that he had dangerous weapons. He testified that Joubert, who called the police to help her, told them to leave instead.
She denies ever saying that and posed the question why she would have called the police if she had the intention of avoiding the authorities.
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Joubert stated that she was determined to clear her name. She referred to gender-based violence as a pandemic in South Africa, and elaborated that she screamed and pleaded for help after being severely assaulted by Nel.
In her affidavit, Joubert disputes various aspects of the State’s version of events. According to Joubert, Nel’s body was found in a different room to which the altercation occurred. Joubert stated that she would challenge the State to have the two officers mentioned in Nguyuza’s testimony present their version of events under oath. According to Nguyuza’s testimony, Joubert locked the deceased in the premises. Nguyuza said that the officers who arrived shortly after the incident had seen Nel turning the lights on and off and moving inside the building.
Joubert’s affidavit stated that she had been advised by Nel’s family that they felt sorry she had to undergo such a horrific ordeal. It further stated that Nel’s wife had contacted her and advised her of his history of child pornography addiction and that he was under investigation for the possession of such.
