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Case against alleged July riots instigator Bonginkosi Khanyile postponed to February after he pitches up to court with sick note

#FeesMustFall activist Bonginkosi Khanyile appeared in court on Friday. File Picture

The NPA on Friday said Khanyile had provided a medical certificate for his absence on Monday, and it was accepted by the court, which postponed the case to February for a pre-trial conference

#FeesMustFall activist Bonginkosi Khanyile on Friday appeared in the Durban Magistrate’s court after a warrant of arrest was issued for him when he failed to make an appearance on Monday.

“The court had issued a warrant for his arrest as he had not provided a reason for his absence,” said National Prosecuting Authority (NPA) spokesperson in KwaZulu-Natal Natasha Ramkisson Kara.

Khanyile faces a charge of incitement to commit public violence as well charges of Contravention of the Disaster Management Act. On Friday, The NPA said the activist gave the court a medical certificate to explain Monday’s no-show.

“This was accepted by the court and the matter was postponed to 8 February 2022 for a pre-trial conference,” said Ramkisson Kara.

Earlier this week, a family member said Khanyile did not appear in court on Monday due to ill health. In a statement on Monday afternoon, family spokesperson Philani Nduli, said Khanyile was in hospital after waking up with severe flu symptoms.

“This is the reason he couldn’t attend court today as he’s getting medical attention,” Nduli said.

Khanyile was released on R5,000 bail on September 7, after being charged with incitement to commit public violence during the July unrest in KwaZulu-Natal.

“We are aware of the warrant of arrest issued by the court which is a normal procedure if an accused person fails to appear before court. A warrant of arrest is issued up until the accused gives a valid reason including proof of why he or she could not attend court on the said date,” said Nduli. He said an update would be provided on Khanyile’s health.

As part of Khanyile’s bail conditions, he had to suspend his Twitter account and must report to a police station in either Gauteng or Durban.

The State alleges that between July 8 and July 11, at or near Warwick Avenue in Durban, Khanyile unlawfully and intentionally incited, instigated, commanded or procured people unknown to the State to commit public violence.


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