Durban protest arrests
Zainul Dawood|Published
Nineteen people allegedly involved in the recent public violence during protests in the Durban CBD are expected to appear in the Durban Magistrate's Court on Friday.
Members of the March and March Movement, Wandile “Method” Nsibande, Sphelele Magolide Shinga and Malizo Dzanibe are charged with incitement to commit public violence, public violence and acting in a riotous or physically threatening manner.
They were also charged with contravening the Regulation of Gatherings Act read with the Dangerous Weapons Act, possession of a dangerous weapon, resisting a member of the Police Service, contravening the South African Police Service Act, and hindering or obstructing traffic.
The men were arrested outside the Home Affairs Durban Refugee Reception Centre on Saturday, following a week-long protest against illegal immigration and the recent Constitutional Court ruling on asylum seekers' applications. Natasha Ramkisson-Kara, National Prosecuting Authority (NPA) spokesperson, said the matter is in court for bail investigations in respect of Nsibande.
Vehicles, houses torched in protest
Fourteen vehicles were torched on Dr Pixley Ka Seme Street, formerly West Street, when protesters clashed with foreign nationals. Two houses, three shops, a motorbike and a second-hand tyre dealership were set alight in the Durban CBD and Umbilo area during the protests on October 8.
Police spokesperson Colonel Robert Netshiunda said they arrested Shinga for threatening to shut down Moses Mabhida Stadium to prevent the MTN8 Cup Final match between Orlando Pirates FC and Mamelodi Sundowns from taking place on Saturday.
In court on Monday, Shinga and Dzanibe were granted bail of R1 000 each, subject to the following conditions: they may not participate in violent protests; not interfere with or intimidate Department of Home Affairs officials; refrain from intimidating or threatening foreign nationals; and not participate in any forced shutdown of businesses.
Bail applications
In a separate matter related to the protests, fifteen people will also appear on charges of public violence, malicious injury to property, contravening the Regulation of Gatherings Act read with the Dangerous Weapons Act, possession of a dangerous weapon, and hindering or obstructing traffic. The court is expected to hear their application for bail. On Monday, the court heard that several of the accused are students, some of them preparing for examinations.
In a seperate matter, Sphelele Ngubane, 25, who was also charged with public violence and malicious injury to property, is expected to apply for bail on Friday.
Accused fear attack in prison
During arguments for bail, attorney Xolani Christopher Zuma told the court that Shinga, Dzanibe and Nsibande were concerned about their safety behind bars.
Zuma said that while the men were kept at Durban Central holding cells, foreign nationals from a neighbouring African country were tasked with providing food for the other inmates. He said his clients raised concerns about eating the food. Zuma asked the court to keep Nsibande at the Durban Central SAPS holding cells instead of the Department of Correctional Services Westville.
Zuma said it was only for three days. Before the men could get bail, Zuma argued that Nsibande and Shinga feared they would be attacked in DCS Westville by foreign nationals from neighbouring African countries. Zuma told the court that Nsibande rose to fame after an interview with Groundup about physical assaults at Westville Prison.
Accused threw woman off a bridge
The court was also informed that Nsibande had been interviewed in a podcast on Themba "Skeem GP" Nzimande's popular podcast "Against the Wall," where he spoke about his life in prison and physical assaults he endured from prison officials.
“Instructions I received were that foreign nationals have been transferred to Westville Prison. The fear is that Nsibande would face double jeopardy because he would have to meet these officials and the foreign nationals in prison,” Zuma said.
In 2009, Kavisha Seevnarain was abducted and thrown over the Umkomaas river bridge after money had been withdrawn from her account. Nsibande pleaded guilty to the robbery and kidnapping and was sentenced to 25 years. He is out on parole.
Impact of protests
Senior prosecutor Roshiela Benimadho argued the protests were impacting the rights of ordinary South Africans.
“Violent protests are not something to be taken lightly. We are concerned that the accused may reoffend and that they are therefore likely to endanger the safety and security of the public,” she told the court.
Benimadho said the state intends to present video footage of Shinga forcefully shutting down businesses relating to foreign nationals. She said during the protests there was a belligerent disregard for police and law enforcement.
“It relates to him carrying a wooden stick and forcibly hitting police officers standing in formation protecting property and people around them. That particular act of aggression against the roleplayers in society who are there to protect our citizens, it is a huge indictment for a person to strike out at police officers who are doing their job. This case concerns the leadership role they play and the type of influence they have on the wider gatherings. They set the standard in terms of their words and their actions," she told the court.
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