Court hears that Schalk Pienaar murder-accused is a repeat offender
24 January 2024
Disturbing details about murder accused Tsholofelo Joseph Motsoane’s criminal history have emerged in the Mokopane Magistrates Court where he has applied for bail. Motsoane is accused of the 2022 murder of prominent Mokopane attorney Schalk Pienaar. The accused faces charges of murder, conspiracy to commit murder and other firearm-related charges and is alleged to have been the driver of the getaway car.
AfriForum’s Private Prosecution Unit represents the Pienaar family, who approached the unit for support because of delays in finalising the case.
Pienaar was murdered on 19 September 2022 shortly after arriving at home. He was shot ten times in his driveway. Motsoane was arrested the following month and charged with the crime. A second accused was also arrested but charges against him were later withdrawn.
Yesterday (23 January), the state told the court that Motsoane has a criminal record dating back to 2003 and has been found guilty and served sentences for separate cases of attempted murder, robbery and theft. Notably, he has also been found guilty of escaping from custody while he was awaiting trial on two of these cases.
The state opposed bail on grounds, among others, that Motsoane would abscond, and he would tamper with evidence. The investigator, Captain Ross Rossouw stated in an affidavit read into the record, that at least three other suspects have not been located nor has the murder weapon been found. However, the state argued it has a lawfully obtained confession from Motsoane, as well as a statement from a witness who links Motsoane to the planning of the murder. In addition, an eyewitness places Motsoane’s car at the scene of the shooting.
Motsoane asked the court to be released on bail on account of his alleged poor health, and that he is incapable of walking without crutches because of a broken leg.
The unit accompanied Pienaar’s widow Fransie and his daughter Bardien to the proceedings.
Fransie said her late husband, as an attorney, believed in the justice system. “He believed anyone had the right to be tried in court. You must have your day. And justice must be done. That’s all we want,” she said.
Fransie says the Private Prosecution Unit’s involvement has eased some of her anxiety. “I understand he will not come back, no matter how hard it is for us. It is very difficult to go through this process, to relive every time I had him in my arms, and he was shot and I couldn’t stop the bleeding. But thanks again. I see that there is progress now that AfriForum represents us,” she said.
The court will hand down it’s judgment in the bail application on Friday, 2 February.
The trial has been set down for 22 to 26 July 2024 in the Polokwane High Court.
Issued by Barry Bateman, Communications Manager: Private Prosecution Unit, AfriForum, 24 January 2024
