Senior advocate to face prosecution for road rage stabbing

A SENIOR advocate faces potential prosecution for an alleged road rage stabbing after the Gauteng High Court set aside an order prohibiting charges against him.

Advocate Roeloff du Plessis SC, who claimed self-defence in the 2023 incident, has already indicated he would appeal the judgment.

The Gauteng High Court, Pretoria, set aside an earlier urgent, in camera order that prohibited the National Prosecuting Authority (NPA) from charging Du Plessis with attempted murder following a 2023 road-rage incident in which a motorist was stabbed with a pocketknife.

Du Plessis, who has previously acted as an acting judge, however, said he will appeal the judgment delivered this week by Judge Frances Reid.

The advocate has maintained his innocence from the start and said that he acted in self-defence when he stabbed Pretoria resident Conrad Pretorius.

Du Plessis’ possible prosecution followed an incident on an evening in September 2023, when he and Pretorius were crossing an intersection with a non-working robot due to load shedding. It is said that Du Plessis’ vehicle was hit on the rear bumper.

The advocate followed Pretorius in order to get his licence plate number. Both cars came to a standstill in a cul-de-sac. Both men got out of their vehicles, and when Pretorius approached him, Du Plessis allegedly pushed him away.

According to court papers, Pretorius punched Du Plessis, and the latter fell to the ground. It is claimed that Pretorius fell on him. Du Plessis stated that he briefly lost consciousness when his head hit the ground. According to him, when he woke up, Pretorius was still punching him, and he (Du Plessis) stabbed him twice with a pocketknife in self-defence.

Judge Reid pointed out that the core facts of the fight are being disputed, but it is agreed that it escalated from the traffic light incident into a physical fight. Criminal charges followed against both men. Assault charges against Pretorius were provisionally withdrawn.

Initially, in 2023, the NPA decided not to prosecute Du Plessis in light of his self-defence explanation. The NPA, however, last year reviewed its application not to prosecute Du Plessis. This followed an outcry by AfriForum, which backed Pretorius and made representations to the NPA.

Du Plessis told the court that the representations were a strong, one-sided attack against him, and he never had the opportunity to counter this. It was argued on behalf of Du Plessis that Pretorius’ and his witnesses’ version was contradictory, and if the “real” facts were placed before the NPA, it would not have decided to prosecute him.

Pretorius had, meanwhile, issued a summons against Du Plessis in which he is claiming R12 million in damages.

Before the criminal prosecution could commence, Du Plessis launched a successful urgent application for its stay, pending a review application he launched regarding the matter.

On the return date of the stay application, the NPA and Pretorius asked that it be dismissed so that Du Plessis could face the law.  Both felt that Du Plessis should air his grievances in the criminal court.

Judge Reid commented that the rule of law requires all persons to be treated equally before the law.

“Despite significant social prejudice against Du Plessis, this court’s duty is to balance his rights and that of Pretorius against societal interest in the execution of justice.”

The judge further acknowledged the reputational damage that Du Plessis is suffering as a result of this matter but said that justice must be seen to be done.

Du Plessis, meanwhile, in his application for leave to appeal this judgment, cited several points in which he argued that the judge erred in the findings. His leave to appeal application automatically suspends the order, which means that he cannot be prosecuted at this stage until the final outcome of the appeal.

POST