Johannesburg – Advocate Ike Thamsanqa Khumalo, who is accused of inciting public violence relating to the July unrest and looting in KwaZulu-Natal and Gauteng last year, has made an appearance at the Booysens Magistrate’s Court after he was granted R3 000 bail by the Johannesburg Magistrate’s Court in August last year.
Khumalo maintains that the State doesn't have a case against him. He appeared in court on Friday and while he’s out on bail, the matter was given a final postponement by magistrate Hasina Habib.
Khumalo allegedly incited public violence during the unrest which flared up in Gauteng and KwaZulu-Natal.
Khumalo took the witness stand and emotionally told the court how this matter hovering over his head has affected his livelihood.
“I’ve lost two cars because they have been repossessed and my relationship with my clients is compromised because no one wants to be represented by an advocate who’s been accused of inciting violence.
“I’ve been working pro-bono to keep myself busy. One moment I’m in court to represent a client, the next I, myself, am the one in the dock as the accused.
“What message does that bring across to my clients? Some don’t even take my calls anymore. The many postponements to my case have prejudiced my right to a fair trial,” he told the court.
To this, prosecutor Cobus Ehlers told the court that it’s not the postponements that are affecting his livelihood, but rather, the allegations against him.
Ehlers told the court that a new investigating officer has been appointed to investigate the matter. He said as far as the police are concerned, all investigations have been completed and they are awaiting the results of the Mutual Legal Assistance (MLA) Application to the United States because the alleged videos of Khumalo “inciting violence” were posted on Twitter, an American social networking communications company.
The newly appointed investigating officer in the matter, Lieutenant Colonel Steven James Mcintosh, also took the stand and told the court that there was a video of the accused circulating on the YouTube platform from 2020 and the content was seen as incitement. As a result, it was requested that that information also be sourced by the National Director of Public Prosecutions (NDPP).
Magistrate Hasina Habib said she would grant the State a final postponement for it to finalise the case as this was the eighth postponement.
“This is the final postponement I am granting to the State. I am giving the State a week to give the court feedback on the application of the mutual legal assistance to the US,” she said.
The matter has been postponed to Monday, August 29, 2022.