The Durban Regional Court has sentenced Philani Ronnie Gumede (36) to a fine of R10 000 or three years’ imprisonment, half suspended for five years, for sending a voice note inciting violence against foreigners.

He was convicted of contravening Section 14 of the Cybercrime Act 19 of 2020, which entails disclosing data messages that incite damage to property or violence.

Gumede was a member of Operation Dudula and in March 2022 he sent out a voice note through WhatsApp, informing fellow members that there would be ‘thunder and storm in the Durban CBD’.

Natasha Ramkisson-Kara, the spokesperson for KZN’s National Prosecuting Authority, said they intended to do this by entering businesses owned by foreign nationals, removing all the contents and using chains to lock up the premises.

“The message circulated on various WhatsApp groups and eventually reached the police. Gumede was called in and he confirmed that he had sent out this message via his cellphone to all Operation Dudula members. His cellphone was seized, and he was arrested.

“In court, regional court prosecutor Nomalungelo Ntshangase told the court that the voice recording had led to xenophobic attacks on foreign nationals and in some instances, their properties were damaged and looted. Gumede was sentenced accordingly, and this is the first conviction of this kind in the Durban Cluster,” said Ramkisson-Kara.

She added that the NPA welcomes the successful finalisation of this matter.

“We appreciate the work done by the prosecution and the police. Distributing messages of this nature is tantamount to taking the law into one’s own hands, and such lawlessness will not be tolerated by the courts.”