Durban - Crimen injuria accused Kessie Nair did not report to Fort Napier in Pietermaritzburg for a psychiatric evaluation in April as planned.
According to his attorney Chris Gounden, they plan to argue in court on Wednesday that it was not neccessary for Nair to be booked into the mental health institution.
Nair, 60, was arrested in September last year for calling President Cyril Ramaphosa the k-word in a video that went viral on social media.
After a failed bail application, Nair was eventually granted R2 500 bail in the Durban High Court on December 14.
Gounden said the State was on a witch hunt to persecute Nair and that “he is being persecuted because he's Indian”.
He said his client had attended a private mental evaluation at a private facility and a specialist psychiatrist found there was no signs of mental illness.
Gounden said they would be arguing there was no need for Nair to be an in-patient at Fort Napier.