The Humansdorp Magistrate’s Court has convicted Wayne Pietersen, a Khosian Chief, who is also a Kouga Municipality Councillor, and found him guilty on two charges, one of assault with intent to cause grievous bodily harm, and another of common assault.
Pietersen was convicted following an incident that occurred on 29 June 2024 in Papiesfontein, within the Sarah Baartman District, where he assaulted two complainants during an altercation involving cyclists travelling through a public nature reserve in the Kouga area.
The National Prosecuting Authority (NPA) in announcing the conviction today, says it welcomes the conviction of San and Khoi traditional leader, Wayne Pietersen, aged 47, who also serves as a Councillor at the Kouga Local Municipality.
Evidence presented before the court established that Pietersen confronted the cyclists after driving towards them in a black BMW SUV, forcing them off the roadway. During proceedings, the accused maintained that he believed the cyclists were trespassing on land occupied by members of the Khoisan community and cycling over what he regarded as his forefathers’ graves.
Acting on these beliefs, Pietersen forcefully grabbed one complainant by the arm under the pretext of effecting a citizen’s arrest. He subsequently armed himself with a stick (knobkierie) and confronted another complainant, causing the complainant to sustain injuries after falling from his bicycle. State Prosecutor Siyabulela Swartbooi led evidence from multiple witnesses, including the complainants, an eyewitness, and a medical practitioner who compiled the J88 medico-legal report.
In his defence, Pietersen, who conducted his own legal defence, denied the allegations and alleged that the matter was linked to an ongoing land dispute involving members of the Khoisan community occupying the land in question. He further maintained that his actions were motivated by concerns over alleged unlawful access to the property. The court rejected the accused’s version and found that the State had proven its case beyond a reasonable doubt.
The matter was marked by delays during the proceedings, with the accused making several procedural requests, including requesting a Khoisan-speaking interpreter to translate the court proceedings. It was, however, established that he neither spoke nor understood the language. The court subsequently dealt with the issue in accordance with due process, and proceedings continued.
The court further noted the accused’s conduct throughout the trial, recording that he was frequently disruptive, repeatedly interjected during testimony and argument, and made several outbursts relating to race and other extraneous matters irrelevant to the issues before the court. Despite being cautioned on multiple occasions, such conduct persisted, which the court found reflected a lack of respect for the judicial process. The court emphasised that legal proceedings are governed by evidence and legal principles and are not a platform for unrelated grievances.
Following conviction, and before sentencing arguments, the accused again displayed disruptive conduct in court, including making further racial remarks and indicating that he was unwilling to proceed as he did not accept the court’s findings.
The matter was initially postponed to 2 June 2026 after the accused indicated that he had since placed an attorney on record.
The NPA reiterates that no person, regardless of position or status, may take the law into their own hands, unlawfully detain individuals, or assault members of the public under the guise of protecting property, cultural claims, or enforcing perceived rights.
St Francis Chronicle 