The SCA has dismissed an application by convicted coffin assault pair Willem Oosthuizen and Theo Jackson to be released on bail pending their leave to appeal their convictions and sentences, notes News24. There were no reasonable prospects of success and there was no other compelling reason why an appeal should be heard, the SCA ruled on Friday.

Oosthuizen and Jackson approached the SCA for leave to appeal the refusal of their bail application after they were sentenced last year. Jackson and Oosthuizen were sentenced to 11 years and 14 years behind bars respectively. However, the court said it was not in the interests of justice that the pair be released. The SCA said counsel on behalf of both the applicants had conceded that race was a factor that impacted on the case.

'It is sad, as this case and others in the public eye demonstrate, that we as a nation have reached this stage of racial polarisation and that we have not yet overcome the deep divisions that our history imposed on us. It is the very antithesis of our constitutional compact. We cannot ignore the fact that racial intolerance is something that can be exploited by those intent on undoing and subverting constitutional values. Racist behaviour is absolutely unacceptable and courts can rightly be expected to deal with it firmly,' the court said.

On Monday, legal representatives for the two men were grilled by SCA judges, who asked if race was not the underlying factor when the two men forced Victor Mlotshwa into a coffin and threatened to pour petrol on him. The matter was heard by Judges of Appeal Mahomed Navsa and Nigel Willis, as well as Acting Judge of Appeal Ashton Schippers.

Full News24 report