Wits protests aftermath: the rifle, the artist and the students

The two students arrested on Wednesday for possession of what appeared to be an automatic rifle were expected to be released yesterday after the National Prosecuting Authority (NPA) apparently decided not to charge them, pending further investigation.

The students were attending an Artist In Revolution commemoration for Mthokozisi Ntumba, a City of Tshwane staffer killed in crossfire during a student protest in Braamfontein last week.

At the event, controversial visual artist Ayanda Mabulu hoisted the rifle in the air – and hours later, the students were arrested.

According to Mabulu and the students’ attorney, Phathutshedzo Thebela, the NPA withdrew the case at the Johannesburg Central Police Station and the students did not appear in court.

“We were waiting for the students to be released because the NPA decided not to charge them until further investigations had been made, including ballistic testing.”

Thebela added that hours later, police informed them that the case had to be reviewed.

Meanwhile, police spokeswoman Mathapelo Peters confirmed that the students were still in custody and would appear in the Johannesburg Magistrate’s Court today on two charges: possession of an illegal firearm and ammunition, and possession of a dangerous weapon.

“According to my knowledge, they are still in custody and will be appearing in court [on Friday],” she said. Thebela said the rifle was aprop from an art studio and Mabulu and the other student were using it as a prop during the commemoration.

“It doesn’t belong to either of them.”

According to a source, the rifle, serial number 2021195, has been permanently deactivated by welding the barrel closed.

NPA spokeswoman Phindi Mjonondwane said she could not confirm that the students were released, without having their personal details or the docket number.

Peters said the police received a crime intelligence report about a dangerous weapon that was operationalised, which led them to a gathering in Braamfontein where the students and artists were in attendance.

“It is at this gathering where members observed two students in Stiemens Street carrying an automatic rifle. The officers kept close watch and saw the pair drive off in a vehicle,” said Peters.

“The car was followed and ultimately stopped by the Johannesburg Flying Squad and the Tactical Response Team in Auckland Park.”

Peters said that the police searched the vehicle and found a Galil, which is an automatic rifle of Israeli-make, with a loaded magazine.

“We took the weapon and as part of the investigation and we will carry out further investigations to find out if the weapon has not been previously used in ill doings.”

Gauteng police commissioner Elias Mawela ordered an urgent investigation.

“That this could be in the arms of a student is worrisome,” he said.

reitumetsem@citizen.co.za

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