Fees Must Fall activist Bonginkosi Khanyile, who is facing five charges of incitement, will spend another week in prison after Durban magistrate Vincent Hlatshwayo, on Tuesday, reserved judgment on his bail application.
Khanyile is spending his second week in a holding cell, following his arrest over his alleged role in instigating last month’s violence, that led to looting and burning of businesses, and the loss of more than 300 lives.
The unrest was sparked by the arrest of former president Jacob Zuma, who Khanyile insists should be released, as he “was jailed in a thuggery manner.”
Khanyile’s bail hearing was returning to court for the third time, after last week Thursday’s arguments could not be finished and there was an adjournment that continued on Tuesday.
When the matter resumed on Tuesday, the investigating officer in the matter, Lieutenant Colonel Anton Booysen took the stand for the last time, to testify on behalf of the State.
It was during that time Booysen faced tough questions from Khanyile’s lawyer Masibone Matomela, and magistrate Hlatshwayo himself.
At some point, the magistrate asked Booysen whether Khanyile evaded his arrest and Booysen said no.
Booysen said the two-day delay in arresting Khanyile was because the State was tying some loose ends regarding the warrant of arrest.
Tackling Booysen’s argument, when given an opportunity to cross-examine him, Matomela said Booysen’s claims – that he has scant regard for the law – was not backed by any evidence as, in the past, when he was summoned for his fees must fall case, he always came to court.
At a later stage, Matomela hit back at the State for using Khanyile’s expenditure to prove that is lying, by claiming his four children depend on him for survival, hence he should be granted bail.
Matomela said parenting is not only about the money you spend on your children, but it was also about the love you give to them.
This was after Booysen told the court that on annual basis, Khanyile was raking in about R36 000 from his Cogta job, yet some R8 000 went to booze, R12 000 went on fancy clothes, and some R7 000 went on dining out, implying that he only spent R250 to maintain each child.
The decision of the magistrate left the family, friends and supporters of Khanyile fuming, saying “justice delayed is justice denied.”
Speaking on behalf of the Khanyile family, Philani Nduli said they were expecting the matter to be concluded today and it was troubling them that there was another delay.
“As a family, we are very heartbroken, we are very saddened that we are not leaving with Bonginkosi today. We were hoping that we were going to leave with him today so that he can go home to have time with his family and his children, but you can see that the court is playing games, as you know that justice delayed is justice denied,” Nduli said.
Furthermore, Nduli said the court must stop the “delaying tactics”, as keeping Khanyile in jail amounts to punishing him.
“Imagine, this is still a bail application. We have not even entered into the trial so, as a family, we are saying these are punitive measures taken by the State, through keeping him in in jail while we are still applying for bail,” said Nduli.
Nduli said it was also worrying that the State claimed the investigation was almost done yet, at the same time, they told the court that they want to access Khanyile’s devices and see who he communicated with in coordinating the unrest.
Political Bureau