Bonginkosi Khanyile cites illness, flooding and mist for not showing up in court

Clutching a well-worn pocket biography of Chris Hani, embattled former MK Party youth leader Bonginkosi Khanyile told a Durban magistrate his no-show in court on Monday — which resulted in his rearrest — was due to mist, floods and illness.  

The former Fees Must Fall activist was in the dock on Wednesday answering his new legal representative Sizwe Cele's questions during an inquiry into his absence on Monday for a two-day bail hearing.

Khanyile, who is no stranger to controversy, faces charges stemming from the 2021 July unrest that followed former president Jacob Zuma's arrest and incarceration.

Khanyile allegedly incited people to loot.

“For the sake of honesty and integrity. I notified the investigating officer I had been delayed by the mists and the floods. I also fell ill but I am not privy to say what had caused my sickness,” he said.

“I am at a point of saying if something happens I will stomach it. Those who want to prosecute me will not break me. Even if I go to Westville prison.”

He said he had a slew of degrees under his belt, including a masters from UKZN.

“I am just being punished. The intention is to punish me. It will affect me as I am nationally [a] leader. On Tuesday I felt much more fine and came to court to explain why I could not come the previous day. I tried to explain to the investigating officer who told me he had an arrest warrant for me,” he said.

Khanyile forfeited his bail and was rearrested on Tuesday.

“I have been attending this case since 2021. More than 300 people died and this is not a mere case — its emotional for me as black people were killed. I am the only person attending the case.”

The case cost him more than R700,000 and left him financially drained, he said.

“I parted ways with lawyers because of money. There have been many dynamics. I want the case finished.”

“We view Monday as part of long-standing behaviour to disrupt the trial from starting. It’s a pattern we have been observing and a deliberate attempt to disrupt proceedings,” said prosecutor Yuri Gangai.

He said Khanyile's former attorney Nombuso Zuma told the court on Monday she had last spoken to her client in September.

A medical certificate was provisionally accepted but the state wanted his doctor to testify.

A raucous crowd of MK Party supporters packed the public gallery, including former Ukhozi FM DJ Ngizwe Mchunu, a staunch Zuma supporter. Mchunu also faced charges relating to public violence that led to the destruction of property during the unrest.

Recently, another MK Party leader, Duduzile Zuma-Sambudla, appeared in court after she handed herself over to the police. Zuma-Sambudla faces charges under the Protection of Constitutional Democracy against Terrorist and Related Activities Act and incitement to commit violence during the riots.

National Prosecuting Authority KZN spokesperson Natasha Ramkisson-Kara said the matter was on the court roll on March 3 for the trial to commence.

“Khanyile failed to appear in court. The attorney on record for the accused did not know where the accused was. The attorney was granted leave to withdraw as attorney of record,” she said.

The case continues.

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