State’s appeal in pig farm murder case struck off roll

POLOKWANE – The Polokwane High Court has removed the state’s appeal against pig farmer Zachariah Olivier (60) and his legal team from the roll, citing procedural errors.

Judge President Moletjie Phatudi ruled that the state’s case was not argued in line with the relevant provisions of the Criminal Procedure Act.

The decision was announced on Friday after hearing arguments from lead prosecutor Adv Lethabo Mashiane and Olivier’s defence on Thursday.

Phatudi postponed judgment to allow time for a thorough review of both sides’ arguments.

The ruling offers the state another opportunity to refile its appeal before the formal bail application resumes in November. Phatudi, however, criticised the prosecution’s approach, describing their arguments as insufficient.

The appeal stems from a September ruling by the Mankweng Magistrate’s Court, which granted Olivier’s legal team access to police statements provided by him and two co-accused.

Phatudi found that the state relied on the wrong legal provision to pursue the appeal.

“The appellant did not attempt to correct the procedural error nor submit a written notice amending its appeal,” he stated. “As a result, the appeal brought under section 310A of the Criminal Procedure Act is struck off the roll.”

Olivier, along with Rudolf de Wet and William Musora, faces murder charges after the remains of Maria Makgato and Lucodia Ndlovu were found in a pigsty at Olivier’s Onverwacht farm in August. Authorities allege the bodies were fed to pigs.

Defence lawyer Andries Rheeder argued that the appeal should have been dismissed outright, leaving no room for a second attempt by the state.

“We are not overjoyed by the judgment, but it is correct,” Rheeder commented.

“We had hoped the appeal would be dismissed entirely. However, the court found the prosecution used the wrong section of the Act, so the matter was struck off the roll. This allows the state another opportunity to appeal.”