Mon séjour en Afrique du Sud (Cape Town)

A South African soldier who was arrested on charges of murder and the rape of a teenager in Burundi must be released from custody, the Pretoria High Court ordered on Thursday.

Sergeant Philippus Jacobus Venter, 32, was a VIP protector with the United Nations peacekeeping mission in Burundi last year. He was arrested in October and charged by local law enforcement agencies with the murder of Therese Nkeshimana, reported to have been a 15-year-old prostitute.

He is alleged to have killed her on the night of September 19. The two were allegedly seen getting into a taxi in Bujumbura. The taxi apparently drove into a ditch and the two continued their journey on foot. This was the last time Nkeshimana was seen alive.

Her body was found the next day. She had been raped and strangled. Investigations were said to have been hampered by the "premature" burial of Nkeshimana.

In Thursday's application Venter said he was presently detained at the Thaba Tshwane Military Police holding cells. From October last year until February 23 this year he was detained in a shipping container at the Palace Base in Bujumbura, Burundi.

Shortly after his arrest he appeared before his commanding officer in terms of the Military Discipline Supplementary Measures Act. Venter said his case was postponed on every occasion for further investigation.

An earlier application before a Military Court to be released on from custody was rejected.

Venter complained about his incarceration in Burundi and said it was "not worthy of a human being. I did not receive material to read...and for three months I was not given the opportunity to exercise."

He said he gave his co-operation, he did not intimidate any witnesses, he had a clean record and he was supposed to be presumed innocent at this stage.

Venter said the State gave no explanation as why he had to stay in Burundi for so long.

In his bid to be freed from custody, he said: "The SANDF is a powerful organisation where the officer commanding of each unit has the right to determine who can enter his unit and on what conditions. There are also guards at the entrance of each unit who search each vehicle and person for weapons, for example. The SANDF also has the option of suspending me, pending the completion of my trial."

Webster ordered that Venter may return to his unit at the Air Force Base in Hoedspruit, but that he had to report to his commander at 7.30am each working day.

He must follow the unit's orders and policies regards to leave and sick leave, he may not commit an offence until the finalisation of his trial and he may not contact, threaten or intimidate any of the witnesses.