The Johannesburg Magistrate’s Court has dismissed Alexi Bizos’ application for leave to appeal against his conviction of assault with intention to cause grievous bodily harm following his conviction of assaulting his now former wife, Monique van Oosterhout.

In February, the court sentenced the son of the late Struggle stalwart George Bizos to a R100 000 fine or one year imprisonment, six months’ correctional supervision, which includes 20 hours a month of community service at shelters for abused women.

Bizos was convicted last year, more than nine years after punching his ex-wife Van Oosterhout at their Johannesburg home.

AfriForum’s Private Prosecution Unit took on the case in 2018 and started the trial in January 2020.

When handing down the sentence in February, Magistrate Tshepo Twala said Bizos had shown no remorse for his crime and failed to acknowledge the wrongfulness of his actions.

The magistrate said the accused showed no insight into the crime he had committed, nor appreciation of the impact it had on Van Oosterhout.

Advocate Gerrie Nel, head of the unit, argued that because the court rejected Bizos’ evidence as that of a “bad witness” who did not “leave a good impression” and whose evidence was found to be a “fabrication”, no other court would find his version reasonably possible.

“We repeat our argument that the mendacity of the accused is without equal. His demeanour was one of contempt for the truth and indicative of someone who expects that his word must be accepted because of his standing in society. He is just more equal than others,” said Nel.

He added that Bizos’ claim that the magistrate had “speculated” when reaching his finding was contemptuous.

Magistrate Twala also gave judgment on the unit’s application to be awarded costs and ordered that the accused and the National Prosecuting Authority should jointly be responsible for paying the costs of the private prosecution.

Bizos’ assault on his wife left her with severe injuries, including six broken ribs. In sentencing Bizos in February, Twala said domestic violence is a scourge that is far too prevalent, which demands robust punishment of the perpetrators.

“You cannot ignore that this was a vulnerable woman who was in the safety of her own home when she was assaulted. Gender-based violence gives the perpetrators power. In this case, the accused assaulted the complainant due to her questioning him, which undermined his authority,” he said.

Bizos, 63, was spared imprisonment because of his age and because he was a first-time offender.

zelda.venter@inl.co.za

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