The January 21 protest fallout at Addington Primary School has created opposing narratives, with police pitted against the March and March movement, alongside its supporters.

March and March leader Jacinta Ngobese-Zuma, the MK Party, and Operation Dudula face public violence charges.

On Tuesday, Ngobese-Zuma surrendered to the Point police station in South Beach for allegedly inciting public violence against illegal immigrants.

Ngobese-Zuma said that her lawyers advised her to take their time writing their statement, as Operation Dudula and the MK Party are also being charged.

They were confused by what they learned, she said. She did not understand the charges or why they were not filed on the day of the incident.

“There were plenty of police officers there; there were plenty of police vans. If there’s anything that was untoward that they feel was being done, surely we should have been charged on the day, and when we ask for other information, there’s nothing there. It’s just the State, which means one of the police officers, or the police officers who were there on the day, decided that they want to open a case against us with no evidence, just their written statement,” Ngobese-Zuma said. 

She said they have opened cases against the State because the State is accusing them of something.

Ngobese-Zuma said that last week, a foreign national brandished a gun at a March and March member, initiating the commotion. Some present journalists recorded the event, and others pursued the foreign national. 

“I’ve also opened the case against the State, a case of intimidation, because on the day, the police were very extreme when it came to the way that they were dealing with the crowd, throwing out hand (stun) grenades and water with chemicals, etc, etc, and we didn’t know that they’d use whatever tactics to turn around and blame us for whatever it is that they did. So we’ve opened a case as well, and we’ll see how that goes,” Ngobese-Zuma said. 

Ngobese-Zuma said picketing is part of their rights, and nobody can take that away from them, adding that no police statements, no police intimidation will take away their rights to picket and demand that South African children be placed in a South African school. 

Earlier on Tuesday, Ngobese-Zuma challenged the claim that her actions constituted instigating violence. She stated that if picketing, demanding rights, and speaking out against the 26 children currently unable to attend school due to lack of funds is considered instigating violence, then she encourages the entire country to be “very violent” in the same manner.

March and March member Pretty Miya said that what shocked them at the police station was that “everything they wrote and said, which favours their side, none of it is the truth”. 

Miya opened a case against the foreigner who brandished a gun at her last week while police watched. During the incident, the foreigner was chased and fled. He passed the gun to another foreigner, then turned back and said, he did not have a gun. 

“I showed them that there he is, there’s the one he gave the gun to. He was there yesterday (Monday), with the gun. I showed them that there he is, he has the gun again. Police said they cannot arrest him because I hadn’t opened a case,” Miya said.  

“Today (Tuesday), I opened a case against this foreigner.” 

Ngobese-Zuma’s lawyer, Xolani Zuma, said she is charged with public violence as the movement’s leader for allegedly inciting violence against immigrants.

“Warning statements have been made. The matter is going to be referred to the NPA for a decision. So if the NPA (National Prosecuting Authority) says there is a case to be answered, then the matter will then be taken to court for prosecution. But if the NPA believes that there is not enough evidence to prosecute her, then the charges will be withdrawn,” Zuma said.

KwaZulu-Natal police spokesperson Colonel Robert Netshiunda confirmed that the State opened a public violence case against the accused. 

Netshiunda called the claims of police harshness on the day of the incident “a bit subjective”. “Anyone who feels the police were heavy-handed should report the case. The Independent Police Investigative Directorate (IPID) investigates police conduct. If police actions were excessive, as people claim, open a case, and IPID will handle it.”

thobeka.ngema@inl.co.za

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