The bail hearing for three Ethiopian men accused of assaulting and breaking the legs of a man during violent protests was adjourned in the Durban Magistrate's Court on Friday.
Kebede Belachew, 38, Getachew Trekaso, 55, and Wodaje Girma, 29, were charged at Durban Central SAPS with attempted murder and public violence arising from an incident on October 8, 2026.
The state alleges the men acted in common purpose in an attempted murder. They allegedly beat the victim with sticks, stones and a bushknife, and also allegedly kicked and punched him, resulting in both his legs being broken.
The state alleges they intended to kill him.
Magistrate Ashin Singh adjourned the case for October 28 2026, to ensure the status of the accused is verified. Singh had heard that protestors allegedly prevented a policeman from entering the home affairs on Che Guevara Road, to gather the relevant details.
'I was running from the protestors'
Attorney Luvo Mtolo represented the accused and presented their bail affidavits to court. In his affidavit, Trekaso said he arrived in South Africa in 2006 and has not left the country since then. Trekaso said that on the day of the incident he was playing snooker with fellow members of his community.
"I have my own cue, the stick with which I play pool and snooker, which I call my lucky stick. I always take it with me when I go to play, and I had it with me on the day of the alleged incident. On the day of the protests, I too had to run away from the protesters. Police officers in civilian clothing then assaulted me brutally. While they did, they told me that they had seen me hitting someone in the street. I do not understand how they can say that. At that time, I was running away from the protestors," he stated in court.
Visa extended 26 times
Trekaso said his legal representatives showed him video footage from that day. He said it showed his arrest and the assault on him by the police.
"It does not show me doing any of the things of which I am accused," he said.
Trekaso denied hitting anyone, attempting to murder anyone, or taking part in any public violence.
Trekaso holds an asylum seeker temporary visa issued at the Home Affairs Durban Refugee Reception Centre. His visa was extended from January 21, 2026 to January 20, 2027.
He told the court that his visa has been extended 26 times since he arrived in 2006. He said the visa allows him to work and study in South Africa. He is still waiting to appear before the Refugee Appeals Authority on a date still to be confirmed.
Accused paid lobola
Trekaso said he is engaged to be married.
“Our engagement was concluded in terms of South African Customary Law, and I have paid part of the lobola to my fiancée's family. We have been engaged for more than 15 years. In paying lobola, I have bound myself not only to my fiancée but to her family, in accordance with the custom of the community in which I live,” Trekaso’s affidavit read.
Trekaso has two children, aged 14 and 10, who depend on him.
He owns and rents a premises in Folweni, in Durban, where he manages a shop earning R16,000 per month. The money is used to support his family. He said he has no previous convictions or pending cases. I have to pay rent on the premises even though I am in custody.
Trekaso pleaded not guilty. Since his arrest, he claims to have suffered intense pain in his abdomen and back. While in custody, he claims to have been passing blood in his urine. He said that he needed urgent medical care.
Girma said he earned R6,000 per month and was married under Ethiopian customary law. He has a two-year-old child and his family and friends are in Durban. He said he applied for a Visa in 2022 and 2023 and is waiting to be called up.
He said on the day of the incident he was at work and described the atmosphere in Durban as tense. He told the court that he saw a person setting a car alight and tried to stop him. Instead, he claimed he was assaulted by police and “knocked unconscious”. He pleaded not guilty to the charges.
State opposing bail
Prosecutor Zakhele Nzuza said the State opposed bail.
Nzuza said the Home Affairs did not find any record of Girma in the system.
“He is illegal in the country and in contravention of immigration act,” Nzuza said
He read out an affidavit in court from SAPS Detective Sergeant Sanele Mdima. Nzuza said the men are accused of attacking a civilian who was walking along the road looking for a shop to repair his phone. He said the victim was assaulted until he fell unconcious. Nzuza said this was done in the presence of police officers who were in the vicinity monitoring the protests on Dr Pixley KaSeme Street. He said video footage of the incident was available. He said the victim was from the Eastern Cape.
“The men were arrested at the scene by police,”he said.
Attack planned and premeditated
Nzuza said the state opposed bail because the accused will endanger the safety of the public and could commit other offences. He said the community were angry with the actions of the accused and if they are released on bail will be in danger. He said the state believes that the crime was planned and premedidated, carried out with precsion and intent.
“They have no regard for the law and will commit further offences if released on bail. They may evade trial. The address is verified but nothing can stop them from fleeing back home to Ethiopia. The accused were brave enough to attack someone in front of the police, Nzuza said.
Accused watch his car set alight
Belachew said he has lived in the Durban Central area for 11 years and regards Durban as his home. He has four children and a wife who are dependent on him. He has been married to a South African citizen for five years and regards himself as a shopkeeper, father, and community leader among the Ethiopians.
On the day of his arrest, he went to help a colleague who was shot in the foot. While doing so, he was beaten and assaulted by a group of people carrying sticks. He said a white VW Golf arrived with police. He claimed they assaulted him and pointed their guns at him. While this was happening, he witnessed his car being set alight. He said video footage taken at the scene would justify his actions and prove that he was not involved in any protests.
Shop looted
He said he still suffers from an injury to his head from being assaulted. He denied attempting to kill anyone and said he was a victim. He said he will not interfere with the complainant or abscond from appearing before the court if released on bail. He said during his time in custody he suffered huge financial losses, including the loss of his vehicle.
Three of his children are in school. He said he has two shops - one in Newlands and the other in Durban CBD - which bring in R20,000 per month. This money is used to pay for his rent, school fees, and to maintain his family.
He said his store in Newlands was looted in June 2026, causing him considerable losses. His residential address has been verified and his Visa expires in May 2028. He said he left South Africa twice and returned legitimately. Each time, he presented himself to Border Management Authorities and was in the country lawfully. He also told the court that he had no previous convictions or pending cases, and did not take part in any violent protests.
Protest background
The cause of the protests in Durban and Orlando East in Soweto was the Constitutional Court judgment on asylum seeker applications.
Police spokesperson Colonel Robert Netshiunda said a group marching against Gender-Based Violence in the CBD reportedly walked down Dr Pixley kaSeme Street to join the March and March Movement outside the Home Affairs Durban Refugee Reception Centre offices on Che Guevara Road.
Netshiunda alleged that as the protestors were walking, one was assaulted.
“It is not yet clear what sparked the alleged assault. The group became angry and violence erupted, resulting in the burning of at least 14 vehicles,” Netshiunda said.
Police responded to the escalating violence and arrested the three men.
zainul.dawood@inl.co.za
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