Africa-Press – South-Africa. In a week marking the fourth anniversary of the July 2021 riots, former president and MK Party founder Jacob Zuma turned up at court in Durban for the trial of one of the alleged instigators of the unrest, Bonginkosi Khanyile.
Khanyile was appearing on the fifth day of the trial at the Durban high court on Friday. He is facing charges of incitement of violence and contraventions of the Disaster Management Act related to the civil unrest which claimed more than 350 lives and caused an estimated R20bn in damages.
He is alleged to have been among the main instigators of the riots which erupted in KwaZulu-Natal and Gauteng after Zuma’s arrest for contempt of court.
In a video that is part of the state’s evidence and was played in court, Khanyile allegedly called for Zuma’s release and could be heard telling a group of people: “Those who are burning the country must continue. Those who are closing roads must continue until Msholozi is released.”
The defence claims those remarks were a political statement, not a call to action.
During a brief appearance on Friday, defence lawyer Sizwe Cele cross cross-examined the fifth state witness, Brig Msizi Nyuswa from the Hawks.
Nyuswa confirmed he came to the conclusion that Khanyile’s remarks constituted incitement and asked for the case to be registered and sent to Director of Public Prosecutions (DPP).
Asked if he knew when the video taken as it did not show any dates, Nyuswa said he couldn’t answer that, as such information did not fall under his scope. He added the relevant people would be able to provide an answer.
Cele had no further questions when it emerged Nyuswa couldn’t answer questions on two documents presented by the state — a summary of instability incidents and a statistics database of cases that were opened related to the unrest — which fell under the detective services, which was not his unit.
The state has thus far led the evidence of five witnesses. The case was postponed to September 29 for further state evidence.
After the adjournment Zuma said he would continue supporting Khanyile but refused to comment about the anniversary of his arrest and subsequent unrest.
Neither he nor Khanyile would be drawn on statements by provincial police commissioner Lt-Gen Nhlanhla Mkhwanazi whose explosive allegations about police minister Senzo Mchunu and other senior cops has landed him in hot water.
On Thursday, MK Party MP David Skosana opened a criminal case against Mchunu and deputy national police commissioner Shadrack Sibiya for obstruction of justice, abuse of power and conspiracy to undermine investigations related to Mkhwanazi’s allegations.
Outside court MK Party head of presidency Magasela Mzobe called on party members to join the public march to support Mkhwanazi in Durban on Tuesday.
Mzobe commended Mkhwanazi’s courage.
“Mkhwanazi works like us. He has a way of dealing with criminals in a language they understand. You will just hear reports that there was a shoot-out with the police. His men are well trained,” he said.
“He was instrumental in KZN having elections without violence last year. We should support him because he is our friend but we know that when we’re in the wrong he will arrest us. We must not kill each other because he deals with everyone. It’s just that the criminals are all on that one side (party) so that’s why it looks like he is targeting them for now.”
Zuma did not address MK Party supporters gathered outside court, citing another engagement — the party’s annual youth golf development event at the Royal Durban Golf Club.
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