The arrest of KwaZulu-Natal businessperson Kessie Nair over a Facebook video he posted in which he refers to President Cyril Ramaphosa using the k-word, was justified as it violated Ramaphosa’s dignity, a legal expert says.
A convicted fraudster and former councillor, Nair appeared in court yesterday after the Hawks arrested him in Durban.
He made headlines on Wednesday after posting the video in which he said: “… I, Kessie Nair, the CEO, founder and creator of Navcare – the National Association towards Violence Crime and Abuse – do hereby call for that k****r state president Cyril Ramaphosa – and, yes, I mean k****r – to be charged for defrauding the nation … for oppressing this nation … for high treason … for failing … for being soft on all the crime, poverty, violence that prevails in this so-called democracy.”
A criminal case was lodged against Nair at Bayview police station by former eThekwini councillor Brandon Pillay.
Hawks spokesperson Hangwani Mulaudzi said the arrest was justified as it was a “threat against the state and president”.
Legal expert Andrew Boerner said the case was similar to that of Vicki Momberg, who was convicted of crimen injuria for using a racial slur aimed at a black policeman over 40 times. But the liability in Nair’s case could be greater.
Nair’s family have said he is physically and mentally unwell and requires immediate attention. They distanced themselves from his statements.
He was remanded in custody yesterday and will appear in court on September 26 for a bail application.
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