Four members of local social movements may sue the police for unlawful arrest, saying authorities are abusing the criminal justice system to keep activists quiet.
Four members of local social movements may sue the police for unlawful arrest, saying authorities are abusing the criminal justice system to keep activists quiet.
After numerous postponements, the Grahamstown Magistrates Court has withdrawn the public violence charges this week against Xola Mali, Nombulelo Yame, Ayanda Kota, and Ntombentsha Budaza.
In February, the four were arrested after a service-delivery protest in Phaphamani township turned violent. Police fired rubber bullets and threw stun grenades to disperse the crowd, who had blockaded the road with burning tyres. Residents retaliated by throwing stones at the police.
In a media statement released by the UPM on August 3, they said they had been unlawfully denied their basic rights for six months and their organisations had had to raise money for their court appearances. As a consequence, they would be exploring the possibility of suing the police for unlawful arrest.
“This was a clear abuse of the criminal justice system to harass and repress activists and independent organisations,” the statement read.
“A co-ordinated response to the ongoing attack on our rights is necessary. Municipalities unilaterally ban protests across the country – peaceful protests are routinely attacked with police violence.”
On August 2, defence attorney, Jaylynne Hillier, objected to the request made by the state prosecutor Mandisi Gwatyuza to have a few days to look over the docket as he had apparently only received it that morning. Hillier explained that “the state had [had]ample time to look at the docket.”
When magistrate Nomnikelo Jebese told the accused that the state was withdrawing the charges, the UPM chair, Kota, burst out laughing, and as such was warned by Jebese that he would be charged for contempt of court.
