July unrest alleged instigator Bonginkosi Khanyile at the Durban Magistrate's Court on Thursday.
Image: Nomonde Zondi
A State witness has told the Durban Magistrate's Court on Thursday morning that a video uploaded on TikTok of a member of uMkhonto weSizwe Party, Bonginkosi Khanyile, saying that if former president Jacob Zuma is not on the MKP’s ballot paper, there would be no elections, is a threat.
Khanyile is currently on trial and is alleged to have incited violence during the July unrest in 2021, calling for the release of Zuma, who had started serving his sentence for contempt of court for failing to appear before the State Capture Commission.
The State witness, Warrant Officer Juan De Bryne, told the court that in March 2024, she was requested by the investigating officer of this matter, Warrant Officer Nzuza, to transcribe two videos of Khanyile. She said she used a URL to access the video online.
In one of the videos shown in court, Khanyile, who was dressed in the MK Party’s regalia, said there would be no elections if Zuma’s face did not appear on the ballot paper.
Asked during cross-examination by Khanyile’s lawyer, Sizwe Cele, if what Khanyile said in the first video she transcribed was a threat, De Bryne said yes.
“It's a threat to disrupt the elections.”
Cele informed her that Khanyile was speaking to attendees of the MKP rally. He claimed that the individuals who might have been threatened were those present at the event.
He asked her whether she could see from the video that Khanyile is dressed in MKP regalia, that the individuals standing next to him are also dressed in it, and that the banners and set-up are MK-related.
She agreed with him and said the video was posted on social media for the public to see.
“It was not a rally where cellphones were taken and people were not allowed to take videos,” she added.
Additionally, Cele put it to her that the MK Party is not charged, but Khanyile was charged.
De Bryne said this was beyond her knowledge.
Another witness, who is a provincial commander, Brigadier Nyuswa, of the serious organised crime unit, is now taking the stand.
So far, he has told the court that Warrant Officer Nzuza showed him a video of Khanyile in 2021 where he addressed people and told them that those who are burning the country must continue to do so until Zuma is released from prison.
Nyuswa said that after watching the video, he concluded that Khanyile was inciting violence as the trucks in Mooi River had been burnt and a mall in Pietermaritzburg had been burnt.
“I instructed Warrant Officer Nzuza to open a case,” he said.
The trial continues.
nomonde.zondi@inl.co.za
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