Emotions swept over Marco Schalekamp’s family and friends in the Mpumalanga High Court this morning after his bail appeal was granted.

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

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.

Court considers flight risk and evidence

Roelofse addressed the court, stating that he had studied the case and raised 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. The judge also questioned why the accused could not stay in Gauteng with his girlfriend to prevent public unrest, given that Magistrate Nakedi Malomane had ruled his release might cause disruptions in White River.

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

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

Roelofse inferred that the police had delayed the investigation due to errors in handling the case.

Bail decision and conditions

Roelofse also disputed the state’s reasoning against bail, noting that Schalekamp 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, arguing that granting bail on this basis would set a precedent.

Roelofse disagreed, stating 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 used during the bail application, noting that witnesses could lie in their statements. He said keeping Schalekamp in jail could put him at risk of further injuries or worsen existing ones. He also acknowledged that Schalekamp had checked himself out of hospital due to fear of retaliation.

Pistorius requested several conditions for Schalekamp’s release. Roelofse upheld the appeal and ordered that Schalekamp had 10 hours to leave the province and provide his new residential address and contact details to investigating officer Sergeant Mxolisi Keis.

Bail was set at R10 000, with the following conditions: Schalekamp must present himself three times a week at a police station near his new address, enter Mpumalanga only for court appearances, refrain from contacting state witnesses, and surrender his passport to Keis.

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

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