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‘My pants cost R2000, I don’t steal fridges’: Bonginkosi Khanyile calls State ‘suckers’
Khanyile's trial has been postponed to 19 August.
#FeesMustFall activist Bonginkosi Khanyile during his sentencing at Durban Magistrates’ Court on 28 January 2019 in Durban. Picture: Gallo Images / Sowetan / Thuli Dlamini
#FeesMustFall activist Bonginkosi Khanyile says the State is wasting its time with the charges against him as his trial was postponed to Friday.
Khanyile, who is alleged to be one of the instigators of the 2021 July unrest, has been charged with two counts of inciting public violence and three counts of contravening the Disaster Management Act by holding illegal gatherings and not wearing a mask.
The Patriotic Alliance (PA) member was arrested in August 2021, in connection with the unrest and was released on R5 000 bail.
Deadbeat claims
Before his appearance at the Durban Magistrates’ Court on Monday, Khanyile insisted that he cannot be linked to the looting because he is not poor.
“I’m wearing pants that cost R2 000 and I’m wearing a shirt that cost R1 800. Don’t play like that. I have my own things, I don’t steal fridges,” he told the media in isiZulu.
It was previously alleged, during his bail hearing, that Khanyile was a deadbeat dad.
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At the time, his lawyer – Masibonge Mathomane, had asked the court to release Khanyile on R500 bail as his children were financially dependent on him.
However, it was revealed that Khanyile contributed R250 per month towards the maintenance of each of his four children, while he had spent R12 000 on clothes and R10 000 on food and drinks between January and June 2021.
Case postponement
Khanyile’s trial, which had been expected to run until 26 August, has since been postponed to 19 August.
The matter was due to start on Monday, but his legal team requested a postponement in order to add another person to the counsel.
Speaking outside the court, Khanyile maintained his innocence.
“I never took a refridgerator, I never burned a mall, I have never stolen anything [and] I have never instructed anyone to go and steal, that’s why I have no fear. Why should I run from this case? Because a person who wants to run away from the case is a guilty person.
“I’m on record… Those who still have those videos replay them. I said even if they were to illegally sentence me to 30 years, I would take it with honour because l know I’m an innocent man,” he said.
Khanyile accused the presiding magistrate in his case of “running the trial with feelings” and plotting against him.
“They are using feelings instead of using the law. How do you accept a ruling that says it is your last time of postponing on the basis of lack of legal representation?
“This is the first time I’m changing legal representation, but already I’m told this is the last time you are changing it, if you change it for the next time you must go represent yourself or take legal aid. I am just adding on top of the legal team that is there,” he added.
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He further insisted that there’s no case against him, saying “there is no video of me telling people, my sister, go burn that mall”.
“You look at the magistrate – he is even angry, the prosecutor is angry… What kind of a trial is that? I’m a third year law student at Wits University [but] I have never seen these suckers. When we do practicals people are always credible, it doesn’t matter whether you hate Bonginkosi Khanyile, but you must always use the law,” he concluded.
The 8-19 July riots – which took place in KwaZulu-Natal (KZN) and parts of Gauteng last year, resulted in more than 330 people losing their lives, with the violence ostensibly being triggered by former president Jacob Zuma’s imprisonment.
Senior state prosecutor, Advocate Yuri Gangai, previously told the court that the state would be relying on three viral videos of Khanyile that he made before and during the unrest as its key pieces of evidence.
Previous run-ins with the law
In 2019, Khanyile received a three-year prison sentence, which was suspended for five years. He was also ordered to serve three years under house arrest.
Meanwhile, he pleaded guilty to four charges related to the 2016 #FeesMustFall protests in KwaZulu-Natal.
His guilty plea, which took place in 2018, was related to public violence, possession of a dangerous weapon and two counts of failure to comply with police orders.
