Johannesburg - “I am not intimidated or deterred.
"Actually, I gather strength each and every day they keep on doing this and the support we are receiving from young people and formations shows we are touching nerves and lives and that is what keeps us going,"
These were the words of the #FeesMustFall activist Mcebo Dlamini after his trial, which was supposed to have begun on Friday at the Johannesburg Magistrate's Court, was postponed to next year April.
Dlamini believes that the State has no case against him and they are merely using delaying tactics. According to his legal team, there is an issue regarding the constitutionality of his prosecution.
They said that former National Director of Public Prosecutions, Shaun Abrahams, went to Luthuli House to discuss #FeesMustFall activists and therefore his prosecution was politically motivated.
“We had previously written to the National Prosecuting Authority (NPA) for them to consider mediating the matter. On the 5th of October, we received a one sentence letter rejecting our proposal so we think it is insufficient reasons why they have rejected our proposal.
#MceboDlamini says he’s feeling “strong like a buffalo bull” and he is delighted that the trial will officially commence today because he has always been ready. @TheStar_news @ReporterStar pic.twitter.com/FGnBbXSpEU
— Siphumelele Khumalo (@Siphumelele_K) October 19, 2018
"If that is not forthcoming before the trial date, we intend to go to the High Court for a review to compel them to give reasons why mediation is not possible in this matter,” said his lawyer Advocate Tembeka Ngcukaitobi.
The trial could not commence Friday because an acting Magistrate was the presiding officer.
Mcebo Dlamini said this was a typical and expected delay tactic and that he had always known that the State did not have a case against him.
#FeesMustFall activist #MceboDlamini saluting his supporters and followers after court proceedings. @ReporterStar @TheStar_news pic.twitter.com/Rpl7a9xWZW
— Siphumelele Khumalo (@Siphumelele_K) October 19, 2018
“Like you are witnessing today, a delay tactic they used is that the magistrate’s term of office has ended. The magistrate knew that his term was ending but he set a date for today and we came here prepared to hear that the office term of the magistrate is elapsing and he is not in a position to continue for trial,” said Dlamini.
The Star asked the NPA's response to Dlamini's accusation.
NPA's Phindi Mjonondwane said they maintain that Dlamini has a case to answer. "Prosecutorial decisions are based on facts contained in the docket and we therefore reject the notion that his prosecution is politically motivated," she said.