Fraudster’s dress case thrown out
Magistrate acted within his powers, writes Police warned in protester case
SIPHO MBUTHUMA, who was charged with public violence in Durban’s Sea Cow Lake in June, had his bail extended when he briefly appeared in court on Friday before Durban Magistrate Mohammed Motala.
The State prosecutor, Calvin Govender, told the court the police investigation was still outstanding.
He said police were studying video footage to provide more evidence.
Motala warned the State it was the last adjournment. He urged police to speed up the investigation to avoid the case being withdrawn from court.
The case was adjourned to September 27.
Mbuthuma, 30, stood quietly in the witness box. He was arrested on June 7 when ANC supporters protested against their party’s nominated councillor.
The protesters brought the economy to a standstill as roads were blocked and people were unable to go to work.
The group blockaded North Coast Road and disrupted the flow of traffic before setting alight vehicles, and health department laundry trucks, causing millions of rand in damage.
The Institute for Security Studies’ senior researcher, Johan Burger, blamed the police for lacking the skills needed to secure a prosecution. “We need to get skilful members who can put evidence together that can be used in court.
“Police have a responsibility to take action to identify perpetrators during protests by viewing CCTV and video footage. If they cannot provide that evidence, they are neglecting their duties.”
Burger said long-term sentences were needed to deter protesters from destroying properties when embarking on a strike.
Meanwhile, SAPS Brigadier Jay Naicker pointed out the problems of dealing with violent protests. that Govender was serving a jail term at the Westville Prison.
Govender was found guilty on two counts of fraud, which related to tax evasion.
She was fined R30 000 or six months imprisonment, on the first count, and for the second count, Govender had the option of a R60 000 fine or a one year jail term. The presiding officer in that matter was Magistrate Trevor Levitt. The case began in 2010.
Levitt also handed Govender a further three years of imprisonment for her crimes, but they were suspended for five years on condition that she was not convicted on similar charges in that period.
However, Govender, who is known to wear trendy and expensive outfits from designers such as Calvin Klein, was unable to pay her fines in cash or even in instalments.
Govender encountered Malek when he stood in for Levitt on October 7 in the Durban Regional Court.
After that meeting, Govender initially lodged a complaint with the Regional Court president before seeking relief from the Equality Court.
She claimed in court documents that Malek regarded her manner of dress to be inappropriate and that it did not uphold courtroom decorum.
Govender claimed that Malek’s scolding and demand that she dress appropriately for court left her feeling as if she were a woman of “loose morals”.
“Archaic” and “patriarchal”, is how Govender described Malek’s views on her clothes.
By challenging Malek, Govender believed she was taking a stand for “sisterhood”.
Her fight with Malek got the attention of the Commis-
“Police are normally pelted with rocks and other objects when they arrive at the scene.
They also have to remove barricades placed by protesters which also prevent them from gaining access to the sion for Gender Equity, and the organisation assisted by providing Govender’s legal representation.
I n responding documents, Ma lek denied that his comments had been demeaning, derogatory or sexist.
Malek also said he had not breached any professional ethics as a magistrate, and that his views on Govender’s attire were neither judgemental nor fundamentalist. protesters,” he said.
Naicker said despite such problems, every attempt had been made to arrest the perpetrators. “It is not possible to arrest the entire group, as people flee when an attempt is made to arrest them.”
Naicker confirmed that public order policing units were equipped with video cameras and have assisted in identifying perpetrators.