Durban protest violence: 2 granted bail, 1 remanded in custody

March and March leader Jacinta Ngobese-Zuma says they will remain in solidarity with three men accused of inciting violence during last week’s protests in the Durban CBD, reports Berea Mail.

Numerous violent protests broke out in the CBD and surrounding areas after locals took to the streets to express their dissatisfaction with the anti-illegal immigration laws of the country.

This saw some buildings engulfed in flames and 14 vehicles burnt beyond recognition.

Wandile Nsibande, Sphele Shinga and Malizo Dzanibe appeared in the Durban Magistrates Court yesterday, (October 12), and face charges that include having acted together by leading and encouraging disorderly conduct, not only towards foreigners but to locals as well, forced business closures, obstruction of traffic, and possession of dangerous weapons and incitement of violence.

The bail applications for Shinga and Dzanibe were granted at R1 000 each.

Meanwhile, Nsibande was remanded in custody for further bail investigation and will be kept at the CR Swart Police Station instead of returning to Westville prison, where they previouly were.

Nsibande faces other charges of kidnapping and violence, in an unrelated case. This order was granted by the magistrate upon the request of Nsibande’s lawyer, Xolani Zuma, who cited safety concerns at the previous venue.

Addressing the matters of Shinga and Dzanibe, Magistrate Scelo Zuma said that his decision was motivated by the consideration of how many brushes the accused have had with the law – even if they were subsequently withdrawn by the court – and that in this particular matter, the court had no records of such for the two accused.

He said that he saw no evidence to indicate the likelihood of evasion if the suspects were released on bail, or that they will commit further offences. The three accused are due to appear at the court again on October 16.

The magistrate warned that if they did not present to court on the said date, a warrant of arrest would be issued for them and he further cautioned them not to participate in violent protests, and to refrain from threatening, intimidating foreign nationals or forcing any shutdown.

The Prosecutor Roshiela Benimadho said that the State had video evidence to support their case and that this would be revealed in due course.

Ngobese-Zuma said that they welcomed the magistrate’s decision.

“We are of the view that the magistrate was fair, listened to all sides and made a ruling accordingly with the law. Although Wandile did not get bail, but the magistrate was exercising the prescribes of the law.

“We still maintain that the prosecution must prove its accusations and tell us what Wandile did because they said it themselves that he voluntarily got into the van and was not being charged. So how does it now happen that they say he did something wrong and is being charged for what happened outside. What evidence do they have to prove that he did something that led to this outcome.”

Fifteen other suspects appeared at the court, in relation to charges of public violence and malicious damage to property. These suspects, also consisting of university students, were arrested on Friday night, also in relation to the violent protests.

The matter was adjourned for October 16 where they will appear again in court.

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