AN UMBUMBULU man who was arrested for allegedly encouraging violence online as well as for swearing at Lieutenant General Nhlanhla Mkhwanazi has withdrawn his comments and apologised after appearing in court on November 2.

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Nkululeko Makhanya (38) appeared in the Durban Magistrate’s Court after being arrested two days earlier. He was charged with contravening Section 14 of the Cybercrimes Act 19 of 2020, relating to a TikTok video he made encouraging violence against the police, as well as with crimen injuria for making degrading and humiliating comments about Mkhwanazi on the same platform.

Makhanya is well known for his frequent expletive-laden videos that he uploads on social media platforms, criticising public figures or commenting on current affairs. National Prosecuting Authority’s regional spokesperson, Natasha Ramkisson-Kara, said he was granted R7000 bail, subject to strict conditions.

“He may not, directly or indirectly, whether verbally, in writing, electronically, through social media or through another person, incite, encourage, instigate or solicit any person to commit an act of violence, intimidation, public violence or any other criminal offence. He may not call upon, encourage or instigate any person to assault, threaten, intimidate, obstruct or unlawfully interfere with members of the police or other law enforcement officials. This condition also applies to conduct at gatherings,” said Ramkisson-Kara.

While on bail, Makhanya is also not allowed to encourage or incite others to threaten, harass, intimidate, assault or unlawfully target police officers, their families or government officials. He is also barred from publishing or using insulting, derogatory, demeaning, humiliating or abusive language or gestures at any member of the police or government officials.

After his release, Makhanya said that after posting the video in question, he had deleted it after realising how inappropriate it was, but said his followers had already downloaded it and continued sharing it. He apologised to Mkhwanazi, the police, and all citizens.

The matter was remanded to January 20, 2027, for further investigations.

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