Wandile Nsibande made allegations of police brutality while speaking to journalists inside the courtroom.
Protester and police outside Home Affairs Refugee Reception Centre in Durban, KwaZulu-Natal (KZN) on 10 September 2026. Picture: Gallo Images/Darren Stewart
A man arrested during anti-illegal immigration protests in Durban, KwaZulu-Natal (KZN) has accused the police of assaulting him and claimed that the charges against him were fabricated, while his two co-accused were released on bail.
Wandile Nsibande (accused one), Sphelele “Magolide” Shinga (accused two) and Malizo Dzanibe (accused three) appeared before the Durban Magistrate’s Court on Monday, 12 October 2026, following their arrests over the weekend amid demonstrations involving supporters of the March and March movement.
The court proceedings resulted in Shinga and Dzanibe being released on bail of R5 000 each, while Nsibande was remanded in custody until Friday, 16 October.
Arrests in Durban anti-illegal immigration protests
Nsibande and Dzanibe face public violence charges arising from unrest that broke out in Durban last week.
The violence reportedly saw over 10 vehicles damaged or set alight, while several businesses were looted, in addition to foreign nationals allegedly being attacked.
Shinga faces separate allegations of public violence and inciting violence.
These charges relate to alleged threats to shut down Moses Mabhida Stadium ahead of the MTN8 Cup final between Orlando Pirates and Mamelodi Sundowns on Saturday.
State raises concerns over pending cases
During the proceedings, the court heard that Nsibande was reportedly on parole following a previous kidnapping conviction.
He also has a pending assault case in Eshowe.
State prosecutor Roshiela Benimadho informed the court that Shinga and Dzanibe also had pending cases.
The prosecution further argued that the residential addresses supplied by the accused had not been verified and requested a postponement to allow the necessary checks to be completed.
“The state’s position is that it is not in the interests of justice to deal with the bail application today,” Benimadho told the court on Monday.
However, Nsibande’s lawyer, Xolani Zuma, challenged the request for a seven-day postponement.
Zuma, who is married to March and March’s leader Jacinta Ngobese-Zuma, argued that the address verification process should not take that long.
Ngobese-Zuma attended the court proceedings.
“This matter, even if it doesn’t proceed today, the state can be able to verify the addresses either today or tomorrow,” the defence lawyer said.
Defence challenges state’s position
Zuma also addressed concerns surrounding Nsibande’s previous conviction, maintaining that his client had completed his sentence.
“I don’t have instructions at this stage whether the accused person is in fact on parole, but common cause that he was sentenced and he has served his time.”
He added that the pending assault matter against Nsibande stemmed from a domestic issue.
The lawyers representing Shinga and Dzanibe also opposed the delay, arguing that the authorities had sufficient time to verify their clients’ addresses over the weekend.
Benimadho, however, maintained that the state had conducted preliminary profiling but encountered “serious logistical difficulties” in completing the verification process.
“The accused were arrested on Saturday amid many other arrests [and] strained resources from Saps [South African Police Service],” she said.
Following the arguments, the magistrate allowed the bail proceedings for Shinga and Dzanibe to continue but postponed Nsibande’s case to Friday, 16 October.
The two co-accused were granted bail of R5 000 each, while Nsibande remained behind bars.
Accused alleges he was shot and assaulted
After the proceedings, Nsibande made allegations of police brutality while speaking to journalists inside the courtroom.
He claimed that officers had shot him with rubber bullets and showed reporters an injury on his leg.
The suspect further alleged that he had been shot twice in his private area.
“They shot me these people; that’s why they arrested me. They shot me three times right here on my balls.
“You saw it live on TV. I shouldn’t be talking about bail and all these things,” he said on Monday.
Nsibande also alleged that officers took him to a secluded bush, where he was tortured.
He maintained that his arrest and the charges against him were unjustified.
“This is crazy. I shouldn’t even be here. I voluntarily went into the [police] van, and now they are lying about these charges.
“They wanted to kill us; they took us to the bush.”
Fifteen suspects in court
In a separate matter linked to the Durban unrest, another 15 suspects appeared in court on Monday after being arrested on Friday, 9 October.
The group faces charges of public violence and malicious damage to property.
The state requested that their case be postponed to allow investigators to verify their residential addresses.
The suspects are Nhlanhla Ngiba (accused one), Zamile Mkhize (accused two), Wanda Lenong (accused three), Sisipho Ndolo (accused four), Mjabuliseni Mthembu (accused five), Thamasanqa Mpungose (accused six), Yonanda Mbhele (accused seven), Sandile Msomi (accused eight), Jongithemba Nkomeni (accused nine), Avumile Jojo (accused 10), Melethu Mjoli (accused 11), Zamasizwe Buthelezi (accused 12), Siyabonga Xulu (accused 13), Zola Nkwanyana (accused 14) and Sabelo Ngubelanga (accused 15).
The court postponed the matter to 16 October for further investigation.
