Acting judge and senior counsel to face attempted murder charge following bloody road rage incident
Adv. Roelof du Plessis, an Acting Judge and Senior Counsel, will be charged with attempted murder following successful representations by AfriForum’s Private Prosecution Unit to the National Prosecuting Authority (NPA). In a victory for the principle of equality before the law, Du Plessis will face criminal charges, while the baseless charges against his alleged victim, Conrad Pretorius, have been dropped. Since August 2023, the unit has represented Pretorius in a challenge to the patently irrational decision to charge him with assault and malicious damage to property, and not prosecute the Senior Counsel.
The case relates to an incident on 1 August 2023, where Pretorius and his wife were driving in Menlo Park and they encountered Du Plessis, a member of advocates chambers in Pretoria, at an intersection where the traffic lights were not working. It is alleged that an altercation ensued which resulted in Du Plessis chasing Pretorius through the streets of the suburb for about five kilometres before allegedly blocking him in a cul de sac. It is further alleged that Pretorius and Du Plessis alighted from their vehicles where a confrontation occurred. Pretorius alleges that Du Plessis stabbed him in the neck with a sharp object, whereafter a struggle ensued, and he was also stabbed in his leg. Pretorius managed to get back in his car and drove to the nearest hospital for treatment.
Pretorius was hospitalised with life threatening injuries and released nearly a week later. While in the hospital, he filed a criminal complaint for attempted murder against Du Plessis, only to discover that the advocate had also filed a criminal complaint against him. Pretorius has appeared in court several times since then, during which time the Private Prosecution Unit made representation to the NPA to reconsider the decision to make him the accused person in this case.
In a well-considered response to the unit’s representations, Adv. Shamila Batohi, the National Director of Public Prosecution, says Du Plessis must be prosecuted on a charge of attempted murder. “The central issue in this matter is who acted unlawfully in attacking whom and in this regard, whether Adv. Du Plessis acted in private defence when he twice stabbed Mr. Pretorius with his (i.e. Adv. Du Plessis’) pocketknife,” she said.
Adv. Gerrie Nel, Head of the unit, says the evidence always pointed to Du Plessis as the accused in the case. “Pretorius should never have been charged in a case where he was clearly the victim. AfriForum’s Private Prosecution Unit was established to guard against selective prosecution. In our initial letters to the NPA, we stated that it has a duty to create trust in society that those alleged transgressors with political connections will not be sheltered from prosecution, and neither will your status in the legal fraternity unduly protect you from prosecution. The incident occurred exactly two years ago this month. Our priority is now to ensure that the case is quickly enrolled and prosecuted so that justice is served,” says Nel.
“The National Director’s decision goes a long way towards restoring faith in the criminal justice system. The decision to prosecute Pretorius rather than Du Plessis was clearly irrational, as it was made without proper consideration of all available evidence. One of AfriForum’s Private Prosecution Unit’s goals is to support such victims of injustice and make their voices heard. This decision shows that no one is above the law,” says Barry Bateman, the unit’s Spokesperson.
Pretorius says the decision has come as a relief. “Knowing that there is no prosecution against me, or that they are still attempting to prosecute me, lifts a tremendous burden off my shoulders. I’m looking forward to seeing what happens with the case. And finally, I’d like to thank AfriForum for all of their efforts and assistance.”
Once the NPA confirms the date of the first appearance, the unit will publish it.
