Faizel Patel, Radio Islam News, 2013-10-07

The case against Rudolph Viviers who brutally and mercilessly attacked Mohammad Fayaaz Kazi last year was postponed to Thursday (10 October) in the Palmridge Circuit court.

Viviers and another man, Zayne van Tonder allegedly insulted Muhammad Fayaaz Kazi and his friend Anser Mahmood about their beards at a Chicken Licken outlet in Magaliesburg on August 6, 2012.

An argument and a fight ensued; Kazi was severely beaten and died in hospital. Charges against Van Tonder were later dropped and he was released.

Attorney for the Kazi family Nadeem Mahomed told Radio Islam that the matter today was a Section 105 plea which was entered into by Viviers.

A section 105 plea is where the accused is facing a trail pleads guilty to either the charges contained in the charge sheet against him or to alternative charges.

“At this stage we cannot disclose what the terms of the 105 plea are but we are of the understanding that the terms are acceptable to the state and the sentence to which he has agreed is legitimately substantial,” said Mahomed.

Mahomed could not disclose the number of years that Viviers would be jailed for.

Mahomed said that Judge Moshidi in Palmridge Circuit Court 10 was in agreement with the terms and the sentencing. “However he (Judge Moshidi) wants the section 105 plea to be more of a formal admission in terms of Section 112 of the Criminal Procedure Act.

“Section 112 is a more formal admission where the accused would specifically mention that he’s guilty and specifically to the incident that took place which ultimately led to the murder of Marhoom (deceased) Mohammad Fayaaz Kazi," said Mahomed.