The case against Roedolf Viviers who allegedly beat Muhammad Fayaaz Kazi to death was postponed provisionally to the 04th March 2013 in the South Gauteng High Court in Johannesburg on Monday.  

There was a delay in proceedings as the accused was taken to the Krugersdorp Magistrates court in error. State prosecutor Leisha Surendra told Judge Thami Mkhanya that the state was ready to proceed, however advocate Hentie Nortjie, representing Viviers, made submissions to the court that they were not ready to proceed with argument claiming that they did not have sufficient time to prepare for the trial and the application for legal aid was incomplete. He also told Judge Thami Makhanya that they only received the docket mid-December.

Judge Makhanya presiding over the hearing, provisionally postponed the matter. However he reiterated that the matter has gained wide public attention and it is imperative that everything is expedited as soon as possible without any further delay.

State prosecutor Surendra also appealed for the accused to be transferred from Krugersdorp to Johannesburg. This was dismissed by the Judge who said it was an administrative issue, while the defence argued it would be easier for Viviers’ family if he remains in the Krugersdorp prison. This wasn’t shared by Mohammed Nauman, the brother of Fayaz who told Radio Islam that Viviers should have been transferred. “He’s family should see that their son is taken away from them, just like I saw my brother taken away from me,” said Nauman.

Kazi died in August last year after he was allegedly attacked by Viviers in Magaliesberg after an alleged argument broke out around Kazi’s Islamic beard. Charges against a second accused, Zayne Van Tonder was withdrawn by the state due to the lack of evidence.

Meanwhile, Sajidaah  Motara the widow of Mohammad Fayaz told Radio Islam that she was very anxious coming to court because she felt she might get a sense of closure. “I was very anxious before I came here…Today was hard and it will still get harder. At the moment we are still hanging on by string. I’m still trying to gather the strength but we are a step closer,” she said. Despite the postponement, she says trusts the justice system to take its course. She says she was disappointed that the case was postponed as the case might have given her a sense of closure on Fayaz’s death.

Co-accused Zayn Van Tonder who was initially a second accused in the case who had charges against him withdrawn, sent his condolences to the family. Radio Islam spoke to van Tonder who says he is hoping the truth will come out during the trial. “We keep in contact as much as what we can. As far as I know Rudolph is keeping well. His faith is high and so is mine, and yes justice will prevail,” said Van Tonder.

An emotional and teary eyed Saajida could not contain her tears as she told reporters about the pain and difficulty she had to endure when hearing that charges against Van Tonder were dropped and the emotional trauma when Viviers was presented in court and she had to look in his direction. “It’s a difficult time, but you know what, I am taking one step at a time and I have full faith in my religion and my faith is keeping me grounded…and I send praise to him (Fayaaz) also everyday, that’s important. I pray that God just gives me the strength and patience,” said Saajida.