The trial of former student activist and politician Bonginkosi Khanyile, who has been charged for allegedly instigating the July 2021 riots, has been scheduled for December.
Durban magistrate Shoba Maharaj confirmed the date on Friday after listening to representations from state prosecutor advocate Yuri Gangai and Khanyile's new legal representative Mlamli Magigaba.
Khanyile, who was convicted of public violence for the #FeesMustFall student protests in 2016, faces a charge of incitement to commit violence as well as charges of contravention of the Disaster Management Act relating to the acts of looting and violence that took place in KwaZulu-Natal in July 2021.
The trial will be held from December 11 to 14 and resume on January 22 to February 3 next year.
The matter has been marked by delays often related to Khanyile’s decisions to change his legal representatives. Magigaba represented Khanyile for the first time, but had to excuse himself during the proceedings as he had another commitment.
Maharaj is also new to the case, having taken over from magistrate Hein Visagie.
Immediately after Maharaj’s ruling on the date, Khanyile attempted to interject but Maharaj refused to let him address the court in the absence of his legal representative.
Undeterred Khanyile hit back: “It does not matter what happens, even if you send me to jail. As a matter of my sanity I need to talk.”
Due to the public interest the matter has garnered, the state requested the media to make applications to film proceedings. Maharaj ruled this should be done by November 30.
December trial for ‘riots instigator’ Bonginkosi Khanyile
The trial of former student activist and politician Bonginkosi Khanyile, who has been charged for allegedly instigating the July 2021 riots, has been scheduled for December.
Durban magistrate Shoba Maharaj confirmed the date on Friday after listening to representations from state prosecutor advocate Yuri Gangai and Khanyile's new legal representative Mlamli Magigaba.
Khanyile, who was convicted of public violence for the #FeesMustFall student protests in 2016, faces a charge of incitement to commit violence as well as charges of contravention of the Disaster Management Act relating to the acts of looting and violence that took place in KwaZulu-Natal in July 2021.
The trial will be held from December 11 to 14 and resume on January 22 to February 3 next year.
The matter has been marked by delays often related to Khanyile’s decisions to change his legal representatives. Magigaba represented Khanyile for the first time, but had to excuse himself during the proceedings as he had another commitment.
Maharaj is also new to the case, having taken over from magistrate Hein Visagie.
Immediately after Maharaj’s ruling on the date, Khanyile attempted to interject but Maharaj refused to let him address the court in the absence of his legal representative.
Undeterred Khanyile hit back: “It does not matter what happens, even if you send me to jail. As a matter of my sanity I need to talk.”
Due to the public interest the matter has garnered, the state requested the media to make applications to film proceedings. Maharaj ruled this should be done by November 30.
Outside court, a bullish Khanyile, who joined the Patriotic Alliance last year, said he maintains his innocence. He said he was emboldened by the court’s pronouncement of the trial dates.
“I expected a closer date. Remember this matter has been running from 2021 and we are now in 2023. The matter would only be finished some time in 2024,” said Khanyile.
He likened the stringent bail conditions imposed on him to punishment before going through the rigours of trial.
“It is like I am serving a sentence of some sort,” said Khanyile.
The Wits University third-year law student claimed to be familiar with the law.
“I am smarter than some of the people here,” said Khanyile.
National Prosecuting Authority KwaZulu-Natal spokesperson Natasha Ramkisson-Kara said the matter had been set down for the trial to begin in August last year.
“The state was ready to proceed, however when we got to court we learnt there were changes with Mr Khanyile’s legal representative. We have acceded to the request,” she said.
Ramkisson-Kara said when the new trial dates were set they had to take into consideration the availability of the prosecution team, defence and Khanyile, who writes exams in November.
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