The 61 alleged instigators accused of fuelling the July 2021 unrest may be slapped with a further charge of contravening the Protection of Constitutional Democracy Against Terrorism and Related Activities Act.
The Act provides for measures to prevent and combat terrorist and related activities and to provide for an offence of terrorism and other offences.
The Act states that anyone convicted of terrorism is liable, in the case of a sentence to be imposed by the high court, to imprisonment for life.
Prosecutor Shika Siverpersad revealed the plan to add the charge during the second court appearance of the 61 accused at the Durban magistrate’s court on Wednesday.
She said this would be informed by a full investigation. Siverpersad requested a postponement until May 12 next year.
The accused face a raft of charges including conspiracy to commit public violence, incitement to commit public violence and incitement to commit arson.
Almost all the accused are out on bail, while three others are out on a warning.
The prosecutor said the state had concluded its primary investigation, which comprised of downloading of several pages of data.
"The state was not in possession of devices of the accused prior to their arrests. Once we had received the information we downloaded pictures, videos and voice notes," said Siverpersad.
She remained adamant that the state had expeditated the process.
However, lawyers for the accused opposed the postponement
Artie Huntley, who represents one of the accused from the Free State, said the state could have made investigations before making arrests.
Another attorney, Themba Mbili, felt that his self-employed client was being prejudiced as he was losing money having to come to court. Mbili called for the state to provisionally withdraw the charges as they prejudiced his client.
"My client is spending a lot of money. Should the court grant the postponement we need to be specific as to what else is needed so that the matter can be set down for trial," Mbili said.
Legal Aid SA attorney, Thobile Sigcau, said on reading of the charges preferred against his 13 clients, it was clear that the state had linked them on the basis of their cellphone chat groups.
Sigcau said the accused were in court unlawfully. Sigcau added the state would suffer no prejudice if it struck the matter off the roll and subpoena the accused at a later stage.
However, Magistrate Sosha Maharaj granted the state’s request for a postponement.
The state also indicated it intends to move the case to the high court.
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Alleged July 2021 unrest instigators' case postponed to May next year
Image: Nqubeko Mbhele
The 61 alleged instigators accused of fuelling the July 2021 unrest may be slapped with a further charge of contravening the Protection of Constitutional Democracy Against Terrorism and Related Activities Act.
The Act provides for measures to prevent and combat terrorist and related activities and to provide for an offence of terrorism and other offences.
The Act states that anyone convicted of terrorism is liable, in the case of a sentence to be imposed by the high court, to imprisonment for life.
Prosecutor Shika Siverpersad revealed the plan to add the charge during the second court appearance of the 61 accused at the Durban magistrate’s court on Wednesday.
She said this would be informed by a full investigation. Siverpersad requested a postponement until May 12 next year.
The accused face a raft of charges including conspiracy to commit public violence, incitement to commit public violence and incitement to commit arson.
Almost all the accused are out on bail, while three others are out on a warning.
The prosecutor said the state had concluded its primary investigation, which comprised of downloading of several pages of data.
"The state was not in possession of devices of the accused prior to their arrests. Once we had received the information we downloaded pictures, videos and voice notes," said Siverpersad.
She remained adamant that the state had expeditated the process.
However, lawyers for the accused opposed the postponement
Artie Huntley, who represents one of the accused from the Free State, said the state could have made investigations before making arrests.
Another attorney, Themba Mbili, felt that his self-employed client was being prejudiced as he was losing money having to come to court. Mbili called for the state to provisionally withdraw the charges as they prejudiced his client.
"My client is spending a lot of money. Should the court grant the postponement we need to be specific as to what else is needed so that the matter can be set down for trial," Mbili said.
Legal Aid SA attorney, Thobile Sigcau, said on reading of the charges preferred against his 13 clients, it was clear that the state had linked them on the basis of their cellphone chat groups.
Sigcau said the accused were in court unlawfully. Sigcau added the state would suffer no prejudice if it struck the matter off the roll and subpoena the accused at a later stage.
However, Magistrate Sosha Maharaj granted the state’s request for a postponement.
The state also indicated it intends to move the case to the high court.
TimesLIVE
Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.
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