Emotions swept over Marco Schalekamp’s family and friends in the Mpumalanga High Court on the morning of September 4, after his bail appeal was granted.

He was granted bail of R10 000 by Judge Henk Roelofse after the state prosecutor and Schalekamp’s advocate, Piet Pistorius, presented their arguments about his July 8 bail denial in the White River Magistrate’s Court.

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Schalekamp stands accused of premeditated murder and attempted murder following the fatal shooting of Pieter Burger and the wounding of Arno van Niekerk near the White River Rugby Club in the early hours of June 5.
Roelofse addressed the court, stating that he had studied the case and raised various questions for clarification.

He inquired about Schalekamp’s work abroad and whether he posed a flight risk, noting that Schalekamp had offered to surrender his passport and had permanent residence in Barberton. Roelofse also asked why the accused could not stay in Gauteng with his girlfriend to prevent public unrest, given that Magistrate Nakedi Malomane had ruled that his release might cause disruptions in White River.

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He further questioned the evidence that was found at the scene, such as a 14-round magazine and various spent cartridges that cast doubt on who had shot the deceased.

“The state’s case is weak based on the evidence found,” he said.

He inferred that the police were trying to fix the mess they had made, and that had delayed the investigation.
Roelofse went on to dispute the state’s reasoning against Schalekamp’s bail, stating that he is the main caregiver of his child and that the child should not live with their mother due to previous acts of domestic violence. The state opposed, saying that it was not fair to grant the accused bail based on this, adding that it would set a precedent for any applicant to be granted bail if they were caregivers.

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Roelofse disagreed and said that the mother was a convicted criminal and that the child’s safety was at risk.
The judge questioned state witness Arno van Niekerk’s affidavit, which was used during Schalekamp’s bail application hearing, since witnesses could lie in their statements. He went on to say that keeping Schalekamp in jail could put him at risk of sustaining further injuries or worsen the ones sustained in the shooting. He also acknowledged the fact that Schalekamp checked himself out of hospital due to fear of retaliation.

Pistorius requested a number of requirements for Schalekamp to be released on bail. Roelofse upheld Schalekamp’s appeal and ordered that he had 10 hours to leave the province and share his new residential address and contact details with investigating officer, Sergeant Mxolisi Keis.

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Roelofse granted bail of R10 000 and insisted that Schalekamp present himself three times a week at a police station near his new address and to only enter Mpumalanga for his upcoming court appearances. He was also ordered not to contact any state witnesses and to surrender his passport to Keis.

Schalekamp will appear in the White River Magistrate’s Court again on October 23 following further investigations.