An acting judge and senior counsel has been granted an urgent interdict by the Gauteng High Court (Pretoria) prohibiting the NPA from prosecuting him for attempted murder, pending a review application for an alleged road rage incident two years ago.

According to News24, Advocate Roelof du Plessis SC was due to find himself in unfamiliar territory in the courtroom after NDPP Shamila Batohi decided to charge him following an attack in Menlo Park in which a motorist was stabbed in the neck and leg.

Batohi’s decision came after AfriForum’s private prosecution unit, representing Conrad Pretorius, who was injured in the bloody skirmish, made representations to the NPA.

Pretorius and his wife were driving in Menlo Park on 1 August 2023 when they encountered Du Plessis at an intersection with out-of-order traffic lights.

According to AfriForum, an altercation followed, in which Du Plessis allegedly pursued Pretorius in his car for 5km before cornering him in a cul-de-sac. 

They both apparently got out of their vehicles and during a confrontation Pretorius was stabbed in the neck and a leg. 

AfriForum said its client had suffered ‘life-threatening injuries.’ But when he filed an attempted murder charge against Du Plessis, he found the advocate had filed charges of assault and malicious damage to property against him.

Pretorius appeared in the dock several times as the private prosecution unit made representations to the NPA to ‘reconsider the decision to make him the accused person in this case.’

Arguing that the decision to prosecute Pretorius and not Du Plessis was irrational, the unit had made representations to the NPA that its decision suggested that a ‘potential accused’ was being ‘shielded from prosecution due to their status within the legal fraternity'.

The NPA had countered that there was no reason to interfere with the decision of the senior prosecutor at the Hatfield Magistrate’s Court.

However, a possible prosecution of Du Plessis would be considered after the case against Pretorius is concluded.

The unit then approached Batohi to review the decision.

Advocate Gerrie Nel, the head of the unit, said Pretorius should ‘never have been charged in a case where he was clearly the victim.’

In response to AfriForum’s arguments, Batohi agreed Du Plessis must be prosecuted on a charge of attempted murder.

Du Plessis’ attorney, Jacques Classen said his client had been informed of the decision on Thursday but had not been privy to the representations filed by AfriForum, which launched proceedings yesterday.

Judge Anthony Millar heard the case in camera and granted the urgent application. 

News24 notes that it prohibits Batohi from ‘taking any further steps of any nature whatsoever’ to execute the decision to prosecute Du Plessis, pending a review to be instituted within 15 days.

Full News24 report