It started peacefully but became violent, says Mcebo Dlamini as he pleads guilty

What started as a legitimate protest escalated into an act of public violence, which disrupted academic activities of students and rendered his citizenship illegal.

This was the admission of Fees Must Fall activist Mcebo Dlamini, who stated the sequence of events while pleading guilty to a charge of public violence and unlawfully and intentionally staying in SA.

By pleading guilty he avoided jail time, with four of the six charges he was facing falling away.

“Acting in concert with my co-perpetrators, during the said protest, we unlawfully assembled with a common intent to forcibly disturb the public peace and invade the rights of other persons by unlawfully and intentionally disrupting the academic activities of the University of the Witwatersrand,” Dlamini said as part of his admission of guilt, which the NPA made public on Monday evening.

In November last year, Dlamini pleaded not guilty and elected to remain silent in respect of the six charges against him.

“I, therefore, freely and voluntarily admit that my actions, whilst I was acting in concert with the protesters, unlawfully and intentionally invaded the rights of others by preventing them from attending academic lectures.

“None of my aforementioned actions were motivated by any personal gain,” he said.

Dlamini apologised to the South African Police Service (SAPS) for a scuffle that took place between the students and a police officer who was arresting him.

“I wish to unreservedly apologise to the SAPS and Lt-Col Dekker in respect of any wrong done to them during the course of my involvement in the protest.”

He expects to graduate in July in legal studies. “Thereafter, I wish to move on with my life outside of university life and issues.”

On the charge of residing in the country illegally, Dlamini explained how his citizenship was revoked.

“I understand that during 2016, after my arrest in respect of count 1 [public violence], the department of home affairs conducted an investigation into my status as a South African citizen.

“Due to what the department of home affairs deemed discrepancies in the manner in which my identity number was issued to me, they requested me to subject myself to a DNA test to ensure that I was the biological child of a South African citizen and therefore a South African citizen by descent,” he added.

His lawyers received correspondence from the department on May 30 2017, which indicated that he and his biological mother had 14 days to subject themselves to DNA tests.

“Due to my negligence I failed to timeously submit myself to the necessary DNA test. Unfortunately, during that period, my mother passed away in May 2018, before such tests could be conducted and while I was busy with my legal studies,” Dlamini said.

As a result of my failure, the home affairs department revoked his status as a South African citizen.

Dlamini has an option to apply for a ministerial review of his status and citizenship, or apply to be exempted from the ordinary requirements, on the basis of him having been in the country since his early childhood.