THE State is expected to cross-examine former Ward 64 councillor Gavin Hegter when he appears at the Durban Magistrate’s Court next month.

Hegter appeared in court on September 12 where he took the witness stand to testify for the first time.

He is accused of assaulting Mncedisi Dlamini with a torch in November 2024, following an argument that occurred at Hoopoe Lane in Yellowwood Park. 

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Responding to the questions from his lawyer, he told the court that he had never assaulted the victim (Mncedisi).

An attempt by Hegter’s legal representative to have the case thrown out of court was dismissed in August.

The defence had filed an application seeking to have the matter thrown out, arguing that the evidence presented by the State’s witnesses was unreliable.

Dlamini had told the court during his evidence that Hegter hit him with a torch on the mouth in November 2024.

Hegter also told the court that Mncedisi’s brother, Lindizwe Dlamini, a security guard for the property, was intoxicated and could not even walk properly.

The accused also told the court that on the day of the incident, Lindizwe was wearing an MK Party T-shirt. During his testimony, Lindizwe told the court that Hegter became upset upon seeing the T-shirt and asked, why was he wearing an MK Party [T-shirt].

Hegter said he never had a problem with the T-shirt because as a Ward councillor he is politically tolerant to other parties. He told the court that the case is politically motivated.

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The court heard that Hegter went to the State-owned building to ask the security guard, Lindizwe, to remove individuals who were causing a disturbance.

The accused further stated that on the day of the incident, Mncedisi became violent and used offensive language when questioned about his presence at the property.

During his testimony, Mncedisi explained that he had gone to the property to return a phone to his brother, Lindizwe, who had been charging it at his house as the State-owned property has no electricity. The house was vandalised, and attracted vagrants in the past. The Department of Public Works deployed a security guard to the property.

ANC and MK Party supporters have been attending the court proceedings since his initial appearances at the Wentworth Magistrate’s Court on February 20. However, the case was transferred from Wentworth to Durban Magistrate’s Court for safety and security reasons.

The mater was adjourned to October 1 and 2, when the State is expected to question the accused. Last month, Hegter’s legal representative said the defence will bring two witnesses.

The accused resigned in June from his position as Ward 64 councillor for eThekwini Municipality. The Ward  64 by-elections will be held on September 17.

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