Johannesburg – There was a lot of singing and dancing before former Ukhozi FM radio personality Ngizwe Mchunu’s appearance before the Randburg Magistrate’s Court today.
Mchunu, known for his famous phrase “Ayikhale”, faces charges of inciting violence during the deadly July 2021 unrest and violating the Disaster Management Act.
Judgment was expected to be handed down on whether the State had a prima-facie case.
The unrest, which began in July, claimed more than 337 lives in KwaZulu-Natal, Gauteng and other parts of the country.
Mchunu, who has since the start of the trial in 2021 maintained his innocence, said the phrase did not mean what many insinuate it to mean and was upbeat before the court appearance in the company of singing and dancing fans.
Mchunu had applied for the case against him to be dismissed on the basis that the word “Az’khale” has two meanings, with the State arguing that the now popular phrase insinuating “take action” should be taken into account.
He argued that the State had not been successful in linking him to the unrest and added that he had permission to travel between KZN and Gauteng during the unrest as he was an essential worker.
He further stated that all the evidence against him was fabricated, saying he was to express his feelings and opinions as a South African living in a democracy, adding that his speaking about the dissatisfaction when Zuma was arrested back in 20221 “is not a crime”.
However, the Randburg Magistrate’s Court ruled that Mchunu had a case to answer in relation to his July 2021 unrest case.
The court said it couldn’t be that the State failed to prove its case when it came to the charges Mchunu faced.
This means the matter goes ahead, as there is enough evidence so far to accuse the defendants of allegedly inciting violence and violating the DMA.
The Star