Koegas atrocities

Therefore, in September 1879, in spite of enormous evidence, the jury found all four of the white militiamen to be not-guilty, and only Zoutaar, the black militiaman, to be guilty (and then only of "assault").

The verdict was received with cheers from the local townsfolk, however an immediate uproar resulted across the Cape Colony as the trial was roundly accused of being a massive miscarriage of justice.

The judge himself (Justice Dwyer) angrily wrote to the powerful Cape Town MP and newspaper proprietor Saul Solomon, asking him to take up and publicise the matter.

Indignation focused on the Cape's Attorney General (and Minister of Justice) Thomas Upington, for allowing the trial to take place in a racist and hostile environment.

Present at the time, he had in fact been officially warned about the strong partisan feeling of the town and its local jury, before the verdict, but had refused to move the trial.

The judges publicly concluded that "the most gruesome atrocities had been committed against defenceless prisoners" and local prejudice had indeed caused the miscarriage of justice in the ensuing circuit court.

However, in their verdict on the specific crime of the trial, that of libel, they concluded that one of the articles had gone too far, and that attacks on the Attorney General were valid and permitted, but should be grounded in facts and not in blind emotion.