Hard news

Nelspruit Magistrate’s Court fails to refund bail money after case is withdrawn

Xolani Khoza's bail money, cellphone and passport have not been returned.

Xolani Gregory Khoza (37) of Pienaar is demanding the immediate return of his bail money, passport and cellphone after the Nelspruit Regional Court dropped terrorism-related charges against him on Friday, August 29.

Khoza had been charged with contravening Section 17 of the Riotous Assemblies Act 17 of 1965, inciting public violence, incitement to commit terrorism, public violence, and intimidation.

He was arrested in June 2024, following an investigation by the Nelspruit Serious Organised Crime Investigation Unit and Crime Intelligence into a member of the public who allegedly incited violence via social media.

In a post, Khoza reportedly called for the country to be ‘closed down’ and for President Cyril Ramaphosa to be removed, citing ongoing suffering due to poor service delivery.

ALSO READ: Nelspruit Regional Court postpones incitement case to June

Khoza spent 10 days in custody before successfully applying for bail of R2 000 in the Nelspruit Magistrate’s Court. After his release, he attended court several times over more than a year before the matter was ultimately dismissed.

Now that my case has been withdrawn, I believe it is within my rights that my bail money is returned to me, along with my passport and cellphone. The police confiscated my phone during my arrest, and the court ordered that I hand over my passport as part of my bail conditions,” Khoza said.

However, the Mpumalanga spokesperson of the Hawks, Lieutenant Colonel Magonseni Nkosi, said the cellphone and passport would remain in police possession because the case could be reopened.

“The case was provisionally withdrawn. The seized items, including a cellphone, are still with our office. If the matter is enrolled at a later stage, these items may be required as evidence,” Nkosi explained.

ALSO READ: UPDATE: Violence instigator remanded in custody in Mbombela

Khoza’s legal representative, Advocate Mlungisi Mahlalela, stressed that the case was withdrawn unconditionally. “The matter has been withdrawn without conditions. The case is finished,” Mahlalela said.

The provincial spokesperson of the National Prosecuting Authority, Monica Nyuswa, declined to comment and referred media enquiries to the Department of Justice.

Department spokesperson Kgalalelo Masibi was still seeking clarification from the Nelspruit Regional Court at the time of going to press.

During his court appearances, Khoza was regularly accompanied by supporters holding placards calling for the charges against him to be dropped.

“This man called for the country to close down because it was failing us. He called for the president to step down because he is failing us. He has been vindicated because even the court has realised he is innocent,” said supporter, Petrus Nyathi.

Supporters also held demonstrations further afield, marching in New York City, Pretoria, and Lagos, Nigeria, to demand that Khoza’s charges be thrown out.

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Riot Hlatshwayo

Riot Hlatshwayo is a senior journalist based in Mbombela, Mpumalanga. He is the former Bureau Chief of the Sowetan Newspaper in Mpumalanga. Riot has written for more than 16 publications in South Africa and abroad. He is also a former journalist at the South African Broadcasting Corporation (SABC).
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