Tensions erupt: Magistrate and litigant clash in White River court

A chance meeting in the corridors of White River Magistrate’s Court in Mpumalanga led to a tense confrontation between Magistrate Thomas Sibuyi and Barend Byliefeldt, a central figure in an ongoing assault case.

Lowvelder reports that on Monday, Byliefeldt was in court to testify in an assault case he had opened in March 2021, following an incident in which he and his wife, Delia, were allegedly threatened at White River Police Station.

The incident reportedly stemmed from a roadside altercation, after which the Byliefeldts were followed to the police station, where Barend was allegedly assaulted by individuals linked to MAMRA Security Solutions and VIP Protection.

The case gained further attention when AfriForum became involved, assisting the couple in their legal battle against the alleged assailants.

The Private Security Industry Regulatory Authority (PSIRA) launched an investigation into MAMRA Security, revealing that the company was not properly registered.

Multiple criminal cases were opened following the incident, including common assault, pointing of a firearm and malicious damage to property.

Meanwhile, the owner of MAMRA Security Solutions and VIP Protection, Mathlatse Maroga, filed a counter-case against Barend for malicious damage to property and crimen injuria.

The controversy surrounding the case intensified when questions were raised about the police’s handling thereof, with allegations that officers failed to intervene during the assault. The matter was referred to the Independent Police Investigative Directorate (IPID) for further scrutiny.

In the recent altercation, Barend, who is facing separate criminal charges of assault and crimen injuria – one stemming from allegations that he assaulted a Mozambican citizen with a wheel spanner – admitted to Lowvelder on Tuesday that he had directed a racially charged remark at Sibuyi. The remark reportedly escalated the confrontation between them.

According to witnesses, chaos erupted when Barend approached Sibuyi to ask a question, but Sibuyi refused to engage. A video of the altercation, recorded by Barend, was later circulated on social media.

Court staff intervened to separate the two men, preventing the situation from escalating further. In the footage, Sibuyi can be heard reacting angrily, shouting: “You called me a racist!” to which Barend responded, “Yes, you are, but you are!”

He also alleged that Sibuyi attempted to assault him with a brick and used profane language.

Barend stated that this confrontation was the culmination of previous interactions, including one in February in which Sibuyi reportedly reprimanded him over his courtroom attire.

In April, an application was filed requesting Sibuyi’s recusal due to alleged racial remarks made in court. Advocate Johan de Necker presented the application, and Sibuyi subsequently stepped down from the matter.

Following Monday’s altercation, police requested that Barend leave the court premises. He later stated that he is considering legal action against Sibuyi, pending legal advice.

Meanwhile, Delia confirmed that she has launched a crowdfunding campaign to cover her husband’s legal expenses. She disclosed that she had sold her car to pay for De Necker’s legal fees, amounting to R35 000, and has raised $3 459 (± R61 000) so far.

At the time of publishing, the questions sent to Sibuyi about Monday’s altercation remained unanswered.

Tully Tonjeni, the chief magistrate in Mbombela, said they view the matter in a serious light.

“We are investigating the matter and will respond to Lowvelder’s questions afterwards.”

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