HUMANSDORP – The National Prosecuting Authority (NPA) welcomes the conviction of Khoisan traditional leader, Wayne Pietersen (47), who also serves as a Councillor at the Kouga Local Municipality.
According to NPA spokesperson Luxolo Tyali, on 15 May 2026, the Humansdorp Magistrate’s Court found him guilty on charges of assault with intent to cause grievous bodily harm and 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,” said Tyali.
He further said that evidence presented before the court established that Pietersen drove towards the cyclists in a black BMW SUV, forcing them off the roadway, before confronting them.
Tyali said that 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,” said Tyali.
He said that 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.
Tyali said that 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 said that Pietersen 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 proved its case beyond a reasonable doubt,” said Tyali.
He said that the matter was marked by delays during the proceedings, with the accused making several procedural requests, including requesting a Khoisan-speaking interpreter to interpret the court proceedings.
Tyali said that it was, however, established that he neither spoke nor understood the language.
He said that the court subsequently dealt with the issue in accordance with due process, and proceedings continued.
Tyali said that 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, the accused’s 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,” said Tyali.
He said that 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 because he did not accept the court’s findings.
Tyali said that the matter was initially postponed to 2 June 2026 after the accused indicated that he had 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, advancing cultural claims, or enforcing perceived rights,” said Tyali.
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