“I am glad your supporters are here. You indicated your frustrations over the matter not being finalised.”
Moments after Somaroo made the ruling, a relieved Khanyile exclaimed: “I am in awe, ma”.
Earlier, prosecutor Yuri Gangai said he and the defence lawyer went on an in loco visit to Khanyile's doctors at The Workshop mall in central Durban. He said the doctor confirmed Khanyile had visited the practice between 2pm and 3pm on Monday. He said the doctor diagnosed Khanyile with “burn-out syndrome”.
“The doctor was of the view Khanyile could have presented himself to court. Not for the trial but to report he was unfit. He had also driven past the court from Nkandla to the Workshop,” said Gangai.
Khanyile's lawyer, Sizwe Cele, differed, saying the doctor did not pronounce whether his client was fit. Cele also presented Khanyile's patient cards for the court record.
“The accused's explanation is cogent. I ask that the court order be rescinded. I ask the status quo be restored when he was put on bail. He was not well. He co-operated up until he was arrested,” said Cele.
Gangai said the state was ready to proceed with the trial and planned bring voice-recognition witnesses.
MK Party supporters broke into song as the ruling was made.
The trial will resume on Thursday.
TimesLIVE
'I'm in awe, ma': Bonginkosi Khanyile thanks magistrate after bail reinstated
Prosecutor said the doctor diagnosed Khanyile with 'burn-out syndrome'
Image: SANDILE NDLOVU
Durban regional court magistrate Dawn Somaroo brought joy to former MK Party youth leader Bonginkosi Khanyile when she reinstated his bail on Wednesday.
The Fees Must Fall activist was arrested when he skipped his court date on Monday and turned up only on Tuesday, citing ill health and bad weather for his no-show.
The court found Khanyile's failure to pitch up was due to his ill health.
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.
“The court is mindful of the fact and it accepts the evidence. I reinstate bail with the condition you maintain your attendance and if you don’t come to court the investigating officer will institute a [another] warrant of arrest” said Somaroo.
Bonginkosi Khanyile cites illness, flooding and mist for not showing up in court
“I am glad your supporters are here. You indicated your frustrations over the matter not being finalised.”
Moments after Somaroo made the ruling, a relieved Khanyile exclaimed: “I am in awe, ma”.
Earlier, prosecutor Yuri Gangai said he and the defence lawyer went on an in loco visit to Khanyile's doctors at The Workshop mall in central Durban. He said the doctor confirmed Khanyile had visited the practice between 2pm and 3pm on Monday. He said the doctor diagnosed Khanyile with “burn-out syndrome”.
“The doctor was of the view Khanyile could have presented himself to court. Not for the trial but to report he was unfit. He had also driven past the court from Nkandla to the Workshop,” said Gangai.
Khanyile's lawyer, Sizwe Cele, differed, saying the doctor did not pronounce whether his client was fit. Cele also presented Khanyile's patient cards for the court record.
“The accused's explanation is cogent. I ask that the court order be rescinded. I ask the status quo be restored when he was put on bail. He was not well. He co-operated up until he was arrested,” said Cele.
Gangai said the state was ready to proceed with the trial and planned bring voice-recognition witnesses.
MK Party supporters broke into song as the ruling was made.
The trial will resume on Thursday.
TimesLIVE
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