On Wednesday Mcebo Dlamini was released on bail and when he walked out of Palmridge Magistrates Court, Dlamini received a warm welcome from a crowd of supporters. Dlamini, former Wits SRC president, was arrested on October 15 when police raided his residence room. He is currently facing several charges after participating in the Fees Must Fall protests.
Dlamini’s hearing took place at at 10:00. Judge Ratha Mokgoathleng delivered the ruling. Dlamini’s bail was set at R2000 after having been denied bail almost a month ago on October 14. Judge Mokgoathleng stated, “I have come to the conclusion that the premise upon which this declination to admit the appellant to bail is not sound in law and fact.” After which Judge Mokgoathleng gave the ruling in which Dlamini was granted bail set at R2000.
Judge Mokgoathleng began by explaining that the full judgment could not be given today but that the ruling could be given and that the judgment would follow. “Due to the pressure in this court it would not be possible for me to write a judgment within a day after the submissions made by council”, said Judge Mokgoathleng.
Judge Mokgoathleng proceeded to list the five charges that Dlamini faces. The primary charge is public violence. The subsidiary charges are possession of dangerous weapons, assault with intent to cause grievous bodily harm, theft and malicious damage to property.
Before proceeding to explain the bail conditions, Judge Mokgoathleng said that he was aware that Dlamini is a student. He further said, “I am also acutely aware that there are problems relating to student activities countrywide but this court is obliged by the rule of law to take cognizance of the fact that the accused has been charged with public violence.”
Judge Mokgoathleng also acknowledged that Dlamini’s legal team had argued that these charges were politically motivated and that they would be instituting proceedings to question the charges.
There are three conditions set for Dlamini’s bail. The first is that “the appellant is ordered to desist from disrupting, from unlawfully disrupting academic activities of the University of Witswaterstrand.” On the first condition Judge Mokgoathleng did say that Dlamini was still entitled to participate in any lawful activities on campus.
The second condition is that “the appellant is ordered not to interfere with the investigation of the cases or studies preferred against you.” The last condition is that “the appellant is prohibited during the course of this trial, if it eventuates; to communicate with the witnesses which will be called by the state intended to give support to the charges.”
The judgment is expected to be handed down within the next 14 days. Outside Palmridge Magistrates Court was a group gathered in support of Dlamini. When Dlamini left the court he was welcomed with open arms and cheers. Dlamini addressed the students. He said, “Every minute I spent inside, I spent thinking about the future for the black child.” Dlamini described jail as a kind of initiation for which he is grateful for. He has also asked that Wits vice-chancellor Adam Habib allow students to have two exam sittings.
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