Former Ukhozi FM DJ Ngizwe Mchunu has failed to have the incitement to cause violence charge against him dismissed.
On Thursday the Randburg magistrate's court dismissed his application for discharge in terms of the Criminal Procedure Act (CPA).
The National Prosecuting Authority said the act provides that, “If, at the close of the case of the prosecution at any trial, the court is of the opinion that there is no evidence that the accused committed the offence referred to in the charge or any offence of which he may be convicted on the charge, it may return a verdict of not guilty”.
Mchunu is facing charges of incitement to commit violence and contravention of the Disaster Management Act.
He was charged as one of the alleged instigators of the July 2021 unrest.
The state alleges on 11 July 11 2021 he incited people at a meeting which he called in Bryanston to commit public violence.
This was after the imprisonment of former president Jacob Zuma on July 7.
He has pleaded not guilty to the charges and elected to disclose his defence by tendering a plea explanation, raising a defence of justification.
State prosecutor Yusuf Baba argued the prosecution placed sufficient evidence upon which a court, acting reasonably, may convict the accused. He said the accused's version of justification needs to be tested whether it is a valid defence acceptable to the court.
“The onus rests on the accused to prove an excuse or justification by placing evidence to show the court circumstances existed that justified their alleged criminal behavior.”
The court accepted the state’s contention and on that basis dismissed the accused’s application.
Mchunu's case was postponed to July 2 for him to decide which route he will follow in placing evidence to prove his innocence.
In 2021 he addressed the media after a court appearance and proclaimed his innocence,
“I'm not guilty. I can never be guilty. This is my country. I love it so much," he said.
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Court rules ex-Ukhozi FM DJ has case to answer for incitement of violence after Zuma’s July 2021 arrest
Image: File/ SANDILE NDLOVU
Former Ukhozi FM DJ Ngizwe Mchunu has failed to have the incitement to cause violence charge against him dismissed.
On Thursday the Randburg magistrate's court dismissed his application for discharge in terms of the Criminal Procedure Act (CPA).
The National Prosecuting Authority said the act provides that, “If, at the close of the case of the prosecution at any trial, the court is of the opinion that there is no evidence that the accused committed the offence referred to in the charge or any offence of which he may be convicted on the charge, it may return a verdict of not guilty”.
Mchunu is facing charges of incitement to commit violence and contravention of the Disaster Management Act.
He was charged as one of the alleged instigators of the July 2021 unrest.
The state alleges on 11 July 11 2021 he incited people at a meeting which he called in Bryanston to commit public violence.
This was after the imprisonment of former president Jacob Zuma on July 7.
He has pleaded not guilty to the charges and elected to disclose his defence by tendering a plea explanation, raising a defence of justification.
State prosecutor Yusuf Baba argued the prosecution placed sufficient evidence upon which a court, acting reasonably, may convict the accused. He said the accused's version of justification needs to be tested whether it is a valid defence acceptable to the court.
“The onus rests on the accused to prove an excuse or justification by placing evidence to show the court circumstances existed that justified their alleged criminal behavior.”
The court accepted the state’s contention and on that basis dismissed the accused’s application.
Mchunu's case was postponed to July 2 for him to decide which route he will follow in placing evidence to prove his innocence.
In 2021 he addressed the media after a court appearance and proclaimed his innocence,
“I'm not guilty. I can never be guilty. This is my country. I love it so much," he said.
TimesLIVE
Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.
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