The accused implicated in the brutal kidnapping and murder of the Brand family on their smallholding near Hartswater are waiting to hear their fate in the Northern Cape High Court.
Image: Sandi Kwon Hoo
THE STATE, during closing arguments in the Northern Cape High Court this week, indicated that the accused acted in common purpose to rob and brutally kill the Brand family on their farm near Hartswater on July 26, 2020.
Danie, 83, Breggie, 73, and their daughter, Elsabe, 54, were abducted from their farm, while a Nissan Micra, Mazda 5, laptops, cellphones and a handbag were among the items stolen from the smallholding during the robbery.
Two of the bodies were abandoned in isolated areas in the veld near Takaneng village, while the third body was concealed in a cave near a natural spring.
The deceased were tied up and strangled, while they also sustained various blunt and sharp force trauma injuries.
The accused – Donald Seolesang, 24, Tshepo Visagie, 40, Kgomotso Mpumlwana, 46, and Tshepaone Melato, 23 – are facing charges of murder, robbery with aggravating circumstances, kidnapping and defeating the ends of justice.
State advocate Adele van Heerden pointed out that while Mpumlwana was not actively involved in the kidnapping and murder, she must have known about the killings.
“She must have been aware of the circumstances in which the personal items, such as the handbag, laptop and cellphone that were found in her bedroom, were obtained,” said Van Heerden.
“There were photographs of Mpumlwana and the deceased on the cellphone that was seized.”
She argued that the serial numbers of the seized cellphones were mixed up by mistake and that this evidence should not be rejected.
Van Heerden further stated that the accused consulted a traditional healer to ensure that the sale of the stolen vehicles would go smoothly.
She added that Seolesang had fled after being handcuffed.
“His claim that he absconded as he was afraid of being assaulted by the police is not probable.”
The legal representative for Seolesang, Roelof van Wyk, stated that there was a duplication of the robbery and kidnapping charges.
“The post-mortem report does not indicate the time of death or the chronological order of when the deceased were injured,” said Van Wyk.
He added that his client had fled from the police following his arrest out of fear of being assaulted.
“The door of the police van was not locked. He could have been acquitted of all the charges if he was not found in handcuffs.”
The legal representative for Visagie, advocate Khulani Biyela, pointed out that if the deceased had died inside the house, then the kidnapping charges should fall away.
The legal representative for Mpumlwana, Heinrich Steynberg, added that the pictures of his client that were found on the cellphone were taken by her child.
“Seolesang brought the stolen items to Mpumlwana’s house. At best, she can be convicted of theft.”
He indicated that his client was not at the crime scene and had not participated in the robbery.
Steynberg stated that according to the autopsy report, both deceased female family members had sustained wounds that were inflicted after their death.
“The third deceased sustained injuries consistent with being dragged over a rough surface, while there were also traces of blood near the vehicle. The deceased could not have been kidnapped and deprived of their freedom of movement if they had already died.”
The legal representative for Melato, Arnold Nel, said his client had an alibi and was not present when the deceased were killed.
“He became an accessory to the murder after the incident had taken place.”
Judgment continues before acting judge Cordelia Kgopa.
Related Topics: