By: Natasha Archary
There has been major uproar at the news that wife-beater Jaco Swart will avoid jail time for the brutal assault of his wife.
Footage of his persistent abuse on his now ex-wife, Nicoleen has gone viral with many people disgusted that he gets to walk free.
The video was not allowed as evidence in court due to the question of authenticity. As a result Swart was simply slapped with a R20 000 fine and a 3-year prison sentence , suspended for a period of 5-years.
This means that he will only go to jail if he commits reoffends.
WARNING: The video below contains graphic gender-based violence and may not be suitable for sensitive viewers.
In the video below taken from CCTV footage from Swart’s business, he takes several punches and slaps at Nicoleen. He also kicks her, throws her around and spits in her face.
Another point on this – Nicoleen was ready to testify today. Adv. Gerrie Nel consulted with her extensively.
— Barry Bateman (@barrybateman) June 7, 2022
The prosecutor spoke to her last in February.
He did not speak to her today. Not once.
She was prepared to testify in sentencing. Prosecutor didn’t call her. https://t.co/kPH81qkszm
Jaco Swart pleaded guilty to the two counts after facing an unassailable case, which included surveillance footage of his violent criminal acts.
Some of his vicious attacks on Nicoleen took place in front of the couple’s two children.
Nicoleen and her family approached the AfriForum’s Private Prosecution Unit for help. Advocate Gerrie Nel and his team, in terms of a watching brief from Swart, made representations to the Director of Public Prosecutions (DPP), and indicated that they were prepared to institute private prosecution.
Thereafter, the DPP instructed in May 2021 that the accused must be summarily prosecuted.
The NPA prosecutor applied to have the surveillance footage admitted for the purposes of aggravation of sentence, but the court disallowed this after the defence questioned its authenticity. AfriForum’s Private Prosecution Unit had hoped more was done to ensure the footage was admitted to the record, to allow the magistrate to view first-hand Swart’s violent conduct directed at his wife.
After proceedings, Nicoleen said: “While I’m disappointed at the sentence imposed by the court, I am pleased with the guilty verdict. It sends a strong message to women that they must speak out against gender-based violence, and there is always an ear willing to listen.”
Also read: Boxer Simiso Buthelezi has died after suffering brain injury



