Picture File: Alleged unrest instigator Bonginkosi Khanyile during a court appearance. Picture: Gallo Images / Sowetan / Thuli Dlamini
Former MK party Youth League (MKYL) national coordinator Bonginkosi Khanyile has been rearrested and detained after failing to appear in court.
Khanyile was due to appear in the Durban Magistrate’s Court to begin his trial.
The alleged July unrest instigator is facing charges of inciting public violence in the 2021 riots in KwaZulu-Natal (KZN) and Gauteng.
Khanyile is expected back in court on Wednesday.
National Prosecuting Authority (NPA) spokesperson Natasha Ramkisson-Kara said the matter was on the court roll on Monday for the trial.
“The attorney on record for the accused did not know where the accused was. The attorney was granted leave to withdraw as attorney of record, and the matter stood down until 12pm. The matter was called again and there was no appearance from the accused.”
Ramkisson-Kara said a warrant of arrest was issued, and his bail was provisionally cancelled and will be finally forfeited on 17 March.
Khanyile must now convince the court why his bail should not be permanently forfeited.
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Speaking from his jail cell, Khanyile lashed out at the judicial system for his rearrest and delaying his trial.
Khanyile said he was grateful to MK party leader Jacob Zuma.
“I wish to thank all comrades who are supporting me, and I also wish to thank the MK Party leader for assigning a lawyer who will represent me in court on Wednesday.”
The Directorate for Priority Crime Investigation (Hawks) arrested Khanyile in August last year for allegedly contravening the Riotous Assemblies Act.
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In the run-up to the polls, Khanyile allegedly publicly threatened that there would be no elections if former president Jacob Zuma or the MK party were prevented from contesting the elections.
He was later removed from his position as a youth leader in the party and given a suspended R150 000 fine by the electoral court for incitement.
It is alleged that Khanyile made a public announcement in contravention of the Riotous Assemblies Act.
“The essence of the announcement was to instigate the citizens of South Africa to protest and commit acts of violence all over the country should the political party of his choice not be on the ballot paper,” said Hawks spokesperson Colonel Katlego Mogale.
“The announcement also implied that the citizens of the country must gather together and loot the country, as they had done in July 2021.”
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