Africa-Press – South-Africa. The Randburg Magistrate’s Court has dismissed the discharge application of former Ukhozi FM radio personality, Ngizwe Mchunu, one of the alleged instigators of the July 2021 unrest.
Mchunu, 40, has been charged with inciting public violence and violating the Disaster Management Act.
The State alleges that, at a meeting he called in Bryanston on 11 July 2021, he incited people to commit acts of public violence after the arrest of former president Jacob Zuma. He pleaded not guilty to the charges.
At his last court appearance, Mchunu applied for a discharge in terms of Section 174 of the Criminal Procedure Act.
Such an application is usually brought after the State’s case is closed on the basis that there is no evidence on which the court may draw the accused to the charge.
On Thursday, however, prosecutor Yusuf Baba argued that the prosecution had provided sufficient evidence.
Baba also submitted that Mchunu’s version needed to be tested to determine whether it was valid and acceptable.
“The onus rests on the accused to prove an excuse or justification by placing evidence to show the court that circumstances existed that justified their alleged criminal behaviour,” Baba added.
The magistrate said the State had failed to establish and submit evidence that Mchunu had instigated the unrest.
However, the court found that the accused still had a case to answer to.
The matter was postponed to 5 July.
A witness from Zimbabwe is expected to testify.
Clad in traditional Zulu gear and singing traditional and struggle songs, scores of supporters flocked to the court on Thursday for Mchunu’s appearance.
They carried sticks and spears as they danced and jumped.
Mchunu said:
“This case has been financially draining, especially because I’m not a businessperson. I’m just a traditional and cultural person who empowers other people.”
Mchunu added that he was arrested because he was crying for “his father”.
“Jacob Zuma is a father of the nation. He’s a freedom fighter. He was arrested unlawfully and unconstitutionally,” he said.
He added that he intended to host a memorial for those who died, in the week of his next court appearance.
“On the first weekend of July, I’m calling all Zulu people to Phoenix to pray. We are crying for our brothers’ deaths during the unrest. Some bodies have still not been found. It’s a peaceful prayer and a memorial service to remember those who died in Phoenix.”
One of Mchunu’s supporters told News24 he and others had left their jobs in KwaZulu-Natal to travel to Gauteng for the case.
“We arrived in Joburg [on Wednesday]. We stopped working to come here. I told my bosses I was going to court in Randburg to support Mchunu.
“The judge is going to throw away (sic) the case. Then we’ll walk out, with Mnchunu walking freely. He has no case. He’s not facing these charges alone. They’re also ours. [And] we live by and respect traditions. That’s why we’re here,” he said.
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