Bail proceedings continue in court for Durban protestors

Nineteen individuals suspected of involvement in recent Durban protests are set to face Durban Magistrate's Court on Friday. Among them are Wandile “Method” Nsibande, Sphelele Magolide Shinga, and Malizo Dzanibe, who are accused of inciting public violence, committing public violence, and acting riotously or in a physically threatening manner.

They were also charged with violating the Regulation of Gatherings Act, possession of a dangerous weapon, resisting a police officer, contravening the South African Police Service Act, and obstructing traffic. The arrests occurred outside the Home Affairs Durban Refugee Reception Centre following a week-long protest against illegal immigration and a recent Constitutional Court ruling on asylum seekers' applications.

Natasha Ramkisson-Kara, spokesperson for the National Prosecuting Authority, mentioned that the case is currently in court for bail investigations in relation to Nsibande. Fourteen vehicles were set ablaze on Dr Pixley Ka Seme Street, formerly West Street, during the protests on October 8, along with two houses, three shops, a motorbike, and a second-hand tyre dealership.

Shinga and Dzanibe were released on bail of R1,000 each, subject to conditions such as not participating in violent protests or intimidating officials, not threatening foreign nationals, and refraining from any forced shutdowns of businesses. In a separate matter, fifteen individuals will also appear in court on charges related to the protests, including public violence, malicious injury to property, contravening the Regulation of Gatherings Act, possession of a dangerous weapon, and obstructing traffic.

The court heard that several of the accused are students, some preparing for examinations. Sphelele Ngubane, 25, who faced charges of public violence and malicious injury to property, is expected to apply for bail on Friday. During bail arguments, attorney Xolani Christopher Zuma highlighted concerns about the safety of his clients behind bars, stating that foreign nationals from a neighboring African country were providing food to the inmates.

Zuma requested that Nsibande be kept at the Durban Central SAPS holding cells instead of the Department of Correctional Services Westville due to fears of double jeopardy and potential attacks by foreign nationals.

Senior prosecutor Roshiela Benimadho argued that the protests undermine the rights of ordinary South Africans and expressed concerns that the accused may reoffend, posing a threat to public safety and security. She emphasized the aggressive behavior exhibited during the protests, such as Shinga's forceful shutdown of businesses targeting foreign nationals and his use of a wooden stick to assault police officers.

Benimadho also mentioned the intention to present video footage showcasing Shinga's aggressive actions and the disregard for police protection during the protests.