The defence in the July unrest trial of alleged instigator, Bonginkosi Khanyile, said that when Khanyile told people in 2021 to continue burning the country until former president Jacob Zuma is released from prison, he was making a political statement. 

This proposition was put to State witness, Brigadier Campbell Msizi Nyuswa, by Khanyile’s attorney, Sizwe Cele.

Brigadier Nyuswa stated that Khanyile incited violence with those words.

Khanyile is alleged to be the instigator of the July unrest, which resulted in the burning of a mall in Pietermaritzburg, the burning of cars, looting, and approximately 354 deaths. The economy suffered a loss of more than R50 billion. 

Additionally, in the video played in court, Khanyile was 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. 

During cross-examination, Brigadier Nyuswa told the court that the investigating officer in the matter, Warrant Officer Nzuza, showed him a video of Khanyile. 

He concluded that Khanyile incited violence after viewing the video and assessing the situation in the country.

He said trucks in Mooi River and a mall in Pietermaritzburg had been burnt. 

“I asked Nzuza to register the case and for it to be taken to the DPP (Director of Public Prosecutions),” he added.

Brigadier Nyuswa added that if there was no prima facie case against Khanyile, the prosecution would not have opened a case. 

After explaining that Nzuza had shown him the video, Nyuswa stated he was unable to reply when Cele asked him if he knew when it was taken.

He added that the relevant individuals would respond to that.

“I put to you that the accused will come and testify that the video was not taken on July 14 (2021),” Cele said.

Nyuswa said he never spoke about a date, so he cannot comment.

Cele asked him if he knew when Zuma was released from prison, Nyuswa said he did not know it was not in his scope.

“Do you agree with me that the demand for the release of the former head of State went beyond July 17?” Cele asked. 

Nyuswa agreed.

Cele also put it to Nyuswa that the South African Human Rights Commission found that the July unrest was not related to Zuma’s incarceration. 

Nyuswa said he cannot comment on that, as it is beyond his scope.

As Cele kept on pressing him about this, he said he was not invited to the commission, so he could not comment. 

The matter was postponed to September 29.

As the court adjourned, Khanyile stood up and told Magistrate Sharon Marks that she should clap for him because he came to court early. 

nomonde.zondi@inl.co.za

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