Charges against former banking executive Jacques Pretorius, related to the death of his wife Sheri-Ann, have been withdrawn.

This development came to light during Pretorius’s most recent appearance in the Western Cape High Court last week.

Sheri-Ann’s body was discovered in the couple’s Somerset West home on 20 November 2021, shortly her marriage to Pretorius. Her death was initially investigated as a suspected suicide and inquest matter, while her family maintained that the scene had been staged. The investigation continued for several years, including delays awaiting toxicology results.

Pretorius was arrested in March last year and faced charges including premeditated murder and defeating the ends of justice, following new forensic evidence reportedly supporting the conclusion that Sheri-Ann had been strangled and the scene staged.

Family’s fight

In an online statement, civil-rights organisation Action Society said that the matter is to return to Somerset West for a judicial inquest. The organisation called on the National Prosecuting Authority (NPA) to urgently finalise arrangements for a judicial inquest into Sheri-Ann’s death, expressing concern that the withdrawal has left the family facing another legal process nearly five years later, with no confirmed hearing dates.

“This is a devastating setback for Sheri-Ann’s family. Today [Monday] was supposed to mark the start of a trial after almost five years of waiting. Instead, the charges have been withdrawn, and they are left waiting for another hearing with no confirmed date. The NPA owes this family an apology for the ordeal and must act urgently to ensure that the inquest proceeds,” said Juanita du Preez, spokesperson for Action Society.

“The withdrawal does not answer the questions surrounding Sheri-Ann’s death. Those questions must still be tested through evidence and testimony. The NPA must now give her family a clear timetable, keep them informed and ensure that this matter does not disappear into another prolonged cycle of delays.”

Inquest pending

The inquest will examine the cause or likely cause of Sheri-Ann’s death and whether it resulted from an act or omission prima facie involving an offence by any person.

Action Society is calling for all relevant evidence, including the conflicting forensic opinions, to be thoroughly examined. It also rejected criticism raised by the defence about its statement before the proceedings, which was based on information supplied by Sheri-Ann’s father about the decision communicated to him by the NPA.

“We will not apologise for demanding answers and supporting a bereaved family. We raised concerns about a withdrawal that the NPA had already communicated to Sheri-Ann’s father and that has now taken place in court. Criticism from the defence will not silence Action Society. Our demand remains that the evidence be properly examined and that Sheri-Ann’s family receive answers,” said Du Preez.

“This outcome is deeply disappointing, but our pursuit of justice for Sheri-Ann continues. Her family has waited long enough. The NPA must move this process forward with urgency.”

Forensic dispute

Action Society has also raised concerns around the State pathologist no longer being prepared to state that the cause of death was strangulation, and being unwilling to testify against the defence’s expert witness, which reportedly contributed to the decision to withdraw the charges.

NPA responds

On enquiry, the NPA clarified that the State pathologist’s position on the cause of death did not change, but that a new expert report prompted a reassessment of the case.

“The decision of the State pathologist did not change. The new report required us to reconsider some aspects of the State’s case, which resulted in us concluding we did not have reasonable prospects of success,” the NPA said.

The authority also noted that the legal basis for the decision to withdraw the charges was based on “a new expert we were privy to” and confirmed the matter is being re-evaluated. “We are re-evaluating the case docket and what follows next,” the authority said.

No provisional hearing dates have been identified for the inquest. “The docket contents must be prepared for the holding of an inquest. Once referred, that process falls to the judiciary,” the NPA explained, adding that conflicting forensic opinions will be presented and tested during the inquest.
The authority committed to keeping Sheri-Ann’s family informed.