Bianca du Plessis
The teenager accused of cold-bloodedly killing Deveney Nel on the premises of Hoërskool Overberg in Caledon last year, is fit to stand trial.
Eric Ntabazalila, provincial spokesperson for the National Prosecuting Authority, revealed this on Thursday 27 March after the teenage boy had appeared in the Caledon Magistrates’ Court, where his case was postponed to 24 April for determination of a forum. This simply means it will be announced whether the trial will be heard in the Cape Town High Court or a Regional Court.
It is possible, said Ntabazalila, that the date the trial commences will also be announced on Thursday 24 April during the accused’s next scheduled court appearance. “The state will consider the merits of the case and make recommendations to the Judge President on where the matter should be heard,” he stated.
The accused was sent for one month of mental evaluation at the Valkenberg Psychiatric Hospital from January to February, after his lawyer made an application in this regard. “The report has been received and it indicates that the child in conflict with justice is fit to stand trial and has criminal capacity,” Ntabazalila pointed out. “We cannot comment further on the report.”
Asked whether there was a possibility that the trial, if transferred to the High Court, would take place in Caledon, as was done with the Joshlin Smith case, he said: “We will have to wait until a decision has been made by the court on where the matter will be heard. It will be wrong to speculate on where the case can be heard.”
In the Joshlin Smith case, the 7-year-old girl from Middelpos, Saldanha’s mother Kelly Smith, her boyfriend Jacquen “Boeta” Appollis, and their friend Steveno van Rhyn are on trial in connection with the child’s disappearance in February 2024.
In conflict with the law
Deveney’s murder in August 2024, made headlines nationally. The 16-year-old’s mother had reported her missing after the teenager failed to show up for her lift from the school to her home in Grabouw. A large-scale search was launched and her body, with a number of stab wounds, was discovered hours later in a store room.
The accused was arrested late at night on Friday 16 August 2024, hours after attending a memorial service for Deveney, which was restricted to staff and learners of the school, and learners’ parents.
There was a huge police presence at the Caledon Magistrates’ Court as a very large crowd, demanding “Justice for Deveney Nel”, had gathered for the teenager’s first appearance on a murder charge.
Although the crowd has shrunk in size since then, there are still a number of people who show up at every court appearance. Tanya Bippert, of the organisation 1 Billion Rising, said: “We come every time to ensure justice is served,” she said, “and to keep the case relevant in the media because that puts pressure on the court and everybody else.”
Bippert called on the community to come out in large numbers at the next court appearance at the end of April. She added that the community feels the accused should be transferred from a youth centre to a normal prison once he turns 18.”He can come to Caledon Prison where all other people have to sit and wait. When he allegedly murdered Deveney Nel he was a minor. Next month (April) he turns 18 and he won’t be a minor anymore. He needs to be treated exactly the same as all other accused. A lot of people feel he is getting special treatment and are not happy about it.”
Ntabazalila explained that although the accused turns 18 he will still be tried as a minor “because he was a minor when the offence was allegedly committed and when he was arrested.” This, he said, is governed by the Child Justice Act. It also means that the accused’s identity still will not be revealed. Ntabazalila, however, confirmed that the accused will be transferred to prison after he turned 18.
