Race-rant accused Kessie Nair irked over 'kangaroo court' decision

21 November 2018 - 15:15 By JEFF WICKS
Kessie Nair was dealt another blow when Magistrate Ncumisa Gcolotela denied an application to recuse herself in the Verulam Magistrate's Court on Wednesday, November 21 2018.
Kessie Nair was dealt another blow when Magistrate Ncumisa Gcolotela denied an application to recuse herself in the Verulam Magistrate's Court on Wednesday, November 21 2018.
Image: THULI DLAMINI

Convicted fraudster and race-rant accused Kessie Nair was dealt another legal blow when his application to have Magistrate Ncumisa Gcolotela recuse herself from his new bid for bail was dismissed on Wednesday.

Nair faces multiple charges of crimen injuria and incitement to commit violence after calling President Cyril Ramaphosa the k-word in a Facebook video in September.

Nair was remanded in custody after Gcolotela denied his application for bail in October, prompting the 60-year-old to launch an application to have her step down.

In delivering her ruling, she said that his argument to have her recuse herself was unsubstantiated.

“It was premised on the view that the court held a negative view of the applicant [Nair]. The view of the court was informed by the facts which came out during proceedings,” she said.

“The court was obliged to make certain findings when coming to a decision [on bail]. If the applicant intends to bring an application on new facts it must be before the same person who heard the first application,” she added.

Nair muttered “kangaroo court” as he was led back to the cells.

His fresh bail bid will be heard on November 26.

Nair, the nephew of late struggle stalwart Billy Nair‚ served several years imprisonment after he was convicted on fraud charges. His race rant was widely condemned‚ including by the provincial ANC‚ community and religious organisations‚ as well as the presidency.


X