State prosecutor Sureinda Leisha said that after thorough investigation, the case against Van Tonder was withdrawn because of "lack of evidence linking him to the incident". "I am relieved," 33-year-old Zayn van Tonder told reporters as he left court.
However, the case against his co-accused Roedolf Viviers who allegedly beat Muhammad Fayaaz Kazi to death was transferred to the South Gauteng High Court in Johannesburg and would be heard on January 28.The Magistrate presiding over the case, Stanley Mkhari told Viviers that the case would run until February 8.
"I have been instructed to inform you that you will appear on a charge of attempted murder and a charge of murder. You remain in custody," he told Viviers.
Kazi's father-in-law Hasimbhay Motara said the family was pleased with the decision to move the matter to the high court. He said as a family they placed their trust in the State.
"Although we are of the opinion that an accomplice might be getting out of the whole process, the State would know exactly how to deal with the matter. We just want to see justice be done," added Motara.
Viviers who relinquished the services of his first attorney was represented in court by advocate Hentie Nortjie. Advocate Nortjie told the court that due to Viviers incarceration, Viviers has been left in dire straits financially and will seek the assistance of the legal aid board.
Nauman Kazie brother of Fayaaz said he’s disappointed the charges were dropped against van Tonder. “However the family are pleased that justice is taking its course against Viviers,” said Kazie
Nauman was also sad about the lack of support the family received at the hearing. He appealed to the community to show their support when the trial commences in January 2013.