Bonginkosi Khanyile was meant to appear in the Durban magistrate’s court on Monday, 13 December, for the role he played in the July unrest. However, since he did not show up, a warrant of arrest has been issued.
Bonginkosi is allegedly in hospital
According to the Khanyile family’s spokesperson, Philani Nduli, Bonginkosi did not show up to court because he is in hospital with “severe flu symptoms“.
“Bonginkosi Khanyile is in hospital after waking up with severe flu symptoms. This is the reason he couldn’t attend court today as he’s getting medical attention,” his family said.
The warrant of arrest is set until 10 January. Bonginkosi will then have to provide a valid reason why he did not show up to court on Monday.
“We are aware of the warrant of arrest issued by the court, which is a normal procedure if an accused person fails to appear before court. A warrant of arrest is issued up until the accused gives a valid reason, including proof of why he or she could not attend court on the said date.”
His case was further postponed to 8 February.
Bonginkosi’s role in the July unrest in South Africa
It is alleged that Bonginkosi is one of the instigators of the unrest that gripped the country in July. He is facing charges of inciting public violence, holding an illegal gathering and not wearing a face mask in public. All of these charges are based on the unrest and looting in Durban in July.
In August, the 31-year-old was arrested in connection with the unrest. However, he was released on R5 000 bail. However, after not appearing in court, his bail was “provisionally forfeited“.
Proof of instigation
In September, the state argued against granting Bonginkosi bail and submitted videos as support.
In one of the videos, the accused can be seen addressing a group at a taxi rank. He can be seen and heard encouraging the group that “those who are burning tyres and blocking the roads must continue to do so until Zuma is released”.
Not the first run-in with the law
In 2018, Bonginkosi pleaded guilty to four charges related to the “Fees Must Fall” protests in KZN in 2016. His guilty plea was related to “public violence, possession of a dangerous weapon and two counts of failure to comply with police orders“.
And in 2019, the accused also received a three-year prison sentence, though this was later suspended for five years. He was further also ordered to serve three years under house arrest.
Furthermore, as part of his bail conditions, the accused has to report to the Hillbrow or Durban Central police station every Monday and Friday.
He also had to suspend his Twitter account for the duration of the case, and also has to attend every court appearance until the case is resolved.
And according to the magistrate, if any of these conditions are breached, Bonginkosi would be taken back into custody until the outcome of the case.
