The men in the so-called coffin case will have to wait a few more days to hear whether they will be granted bail.
Theo Jackson and Willem Ousthuizen were last year sentenced to 11 and 14 years respectively, for shoving Victor Mlotshwa in a coffin and threatening to set it alight.
The duo had taken their fight to the Supreme Court of Appeal.
They are currently serving time for charges including attempted murder, assault with intent to do grievous bodily harm, kidnapping and defeating the ends of justice.
Throughout the trial, the men have maintained they saw nothing wrong with their actions.
Their lawyers have been arguing for bail at the Supreme Court of Appeal pending their conviction and sentence appeal at the same court.
“First this is an extremely serious offence, if its assault GBH, Kidnapping, its serious case, they are serious because they violated Victor Mlotshwa’s right,” said Acting Judge of Appeals Ashton Schippers.
“We cannot exclude that this was racially motivated based on their evidence, not the state, isn’t that correct?
The defence argues their clients were provoked by Mlotshwa, saying the men’s actions were moderate, reasonable and in line with the provocation.
“They wanted to scare him, they terrorize him,” said Wayne Gibbs, the pair’s lawyer.
Supreme Court of Appeal Judge Mahomed Navsa, asked: “Since when is terrorism reasonable, moderate, I just don’t get it.”
Gibbs answered: “If you find a terrorist that terrorises you by threatening to kill your family and you know your family is unarmed, then I submit with respect that you terrorise the one who has been terrorising you in return.”
The defence concedes that some of the charges do carry jail sentences.
A ruling will be made later this week.
Source:eNCA
