Faizel Patel, Radio Islam News, 2013-10-10
Rudolph Viviers (29) will spend the next eight years of his life behind bars after he was found guilty in the Palmridge Regional Court 10, east of Johannesburg.
Viviers pleaded guilty in terms of (Section 105) of the criminal procedures act to 2 counts; 1 count of intention to do grievous bodily harm (GBH) against the complainant Ansar Mahmood.
On count 2, culpable homicide in the ultimate death of Mohammad Fayaaz Kazie.
The sentence that was ordered by the court is a three phase order which is essentially states that count 1 in terms of GBH, will be a 4 year sentence.
Count 2 on culpable homicide will be a 12 year sentence of which 4 years is suspended for a period of 5 years.
This means that in a period of 5 years that if Viviers is found to have committed any offence or violence, fair to otherwise directly or indirectly against any other person, than those 4 years essentially can be added to his sentence.
As for the third part of the order Judge Moshidi who presided over the case confirmed that count 1 of the sentence of 4 years in respect of a GBH will run concurrently which means it will run at the same time as count two’s 8 years.
This essentially means that Viviers will not serve an extra 4 years but will serve 8 years in total.
The Muslims Lawyers Association’s (MLA) Nadeem Mahomed who represented the Kazi family said they are satisfied with the outcome so far as the sentence is concerned.
“However it reiterates its stance and that of the family’s that whilst they are not happy with the state’s decision to accept the (Section 105), they accept the state’s decision and the decision in this regard,” said Mahomed.
Viviers addresses Kazi family
Before court was adjourned, Viviers legal counsel, Advocate Pistorius informed Judge Moshidi that Viviers wanted to address the court and the Kazi family to which Judge Moshidi obliged.
Turning around and facing a packed galley, a remorseful Viviers looked at Sajidah Kazi and said: “I just want to say to the Kazi family, and to the wife, that I am very sorry for what I have done. It’s a very big burden I have to carry. I hope you can find it in your heart to forgive me. I am very sorry.”
Sajidah told Radio Islam that although they accept the state’s decision to charge Viviers with culpable homicide they were hoping that he would be charged with murder.
“I am relieved that he has been found guilty and will be spending time behind bars. I have not found closure, but Insha’Allah (God willing) I will find closure with time,” said and emotional Sajidah.
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.