Despite the Nelspruit Regional Court having dismissed charges against Xolani Gregory Khoza, the Hawks continue to hold his passport and cellphone.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 after being investigated by the Nelspruit Serious Organised Crime Investigation Unit and Crime Intelligence for allegedly inciting violence via social media.

Khoza reportedly called for the removal of President Cyril Ramaphosa and for the country to shut down, citing ongoing suffering due to poor service delivery.

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The court dropped the terrorism-related charges against him on Friday, August 29.

His bail of R2 000 was refunded nearly three weeks after the case was withdrawn, following a report by Lowvelder Express.

“I give thanks to Lowvelder Express because the court finally refunded my bail after the newspaper report,” said Khoza.

“The challenge that I am continuing to face at the moment is that the Hawks refuse to release my passport and cellphone. That is affecting my life and shows that I am not a free man at all.”

The Hawks Mpumalanga spokesperson, Lt Col Magonseni Nkosi, has confirmed that Khoza’s passport and cellphone remain in the organisation’s possession.

On Tuesday, October 13, Nkosi spoke to Lowvelder Express.

“We are aware that the matter was before court, which made a decision to withdraw it due to a lack of convincing evidence against the accused,” he said.

“However, new evidence has been gathered and it will be presented before the court in due course.”

Nkosi went on to explain that, as additional evidence has been gathered, the investigations are ongoing.

Khoza’s legal representative, Advocate Mlungisi Mahlalela, previously stressed that the matter was withdrawn unconditionally and said the case was over. However, NPA Mpumalanga spokesperson, Monica Nyuswa, said the case against Khoza was provisionally withdrawn, meaning that it may be brought before the court at a later stage if new evidence came to light.

During his various 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 Petrus Nyathi.

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