Warrants of arrest are still out for six of 24 people facing charges related to protests over uncovered toilets in Makhaza, Khayelitsha in May this year.The six did not appear in the Khayelitsha Magistrate’s Court for their last appearance on July 30, and were absent again on Tuesday.
A seventh accused was also absent yesterday, prompting presiding magistrate Siyabulela Gxala to issue another warrant of arrest.
The 24 Makhaza residents of mixed gender were arrested during protests over the City of Cape Town’s erection of open-air toilets in their area.
Violence erupted in May when the city attempted to put corrugated iron shelters around the toilets following the ANC Youth League’s Dullah Omar region’s official complaint to the SA Human Rights Commission.
In court yesterday, Gxala postponed the case to December 1 so that the missing accused could be traced. He said if they did not furnish valid reasons for not attending their court date, their bail would be forfeited and they would be kept behind bars for the length of the case.
Among the accused in court were Andile Lili and Loyiso Nkohla, who both hold executive committee positions within the ANCYL in Makhaza. They face charges of inciting violence and attending an illegal gathering.
The remaining accused, excepting one who faces an additional illegal gathering charge, are charged with public violence.
The 24 were arrested on June 1 after protesting against the City of Cape Town’s decision to remove the unenclosed toilets previously provided to residents, after ANC Youth League members and residents destroyed corrugated iron enclosures subsequently erected by the city.
All the accused are out on warning, except Nkohla who is out on R500 bail. Defence representing all the accused is Celeste Holmes.
The state alleges that on May 30 the accused burnt tyres on a footbridge on the R300 and the N2 and numerous roads in Khayelitsha were blocked with concrete slabs and burning tyres.
This was followed by the erection of burning barricades on Baden Powell Drive and stones being thrown at police officers.
The court was full to capacity yesterday, with orderlies having to tell some people to wait outside.
The court appearance came days after the South African Human Rights Commission (SAHRC) tabled its findings on the Makhaza toilet saga.
The SAHRC ordered that the City of Cape Town must re-install 55 toilets which they removed from Makhaza, with durable enclosures.
However, the City has described the findings as “incomprehensible”.
Rulleska Singh, spokesperson for Mayor Dan Plato, said: “It is clear that the SAHRC did not appreciate the great lengths the City went to in order to accommodate the wishes of the residents of Makhaza for individual toilets.”
She said the findings did not acknowledge the City’s subsequent attempts to enclose the remaining 55 open toilets when residents indicated they were unable to do so.
According to Singh, residents accepted the city’s offer to supply the toilets without enclosures, which they would undertake to erect at their own expense.
She said the City received its housing budget for developments such as Makhaza from national government and would thus have to approach them for further funding in order to fulfil the requirements of the SAHRC’s findings.
“The City maintains its commitment to reinstall toilets and enclose the structures as soon as we receive an assurance from the community that they will not be vandalised and demolished,” said Singh.
– West Cape News
A seventh accused was also absent yesterday, prompting presiding magistrate Siyabulela Gxala to issue another warrant of arrest.
The 24 Makhaza residents of mixed gender were arrested during protests over the City of Cape Town’s erection of open-air toilets in their area.
Violence erupted in May when the city attempted to put corrugated iron shelters around the toilets following the ANC Youth League’s Dullah Omar region’s official complaint to the SA Human Rights Commission.
In court yesterday, Gxala postponed the case to December 1 so that the missing accused could be traced. He said if they did not furnish valid reasons for not attending their court date, their bail would be forfeited and they would be kept behind bars for the length of the case.
Among the accused in court were Andile Lili and Loyiso Nkohla, who both hold executive committee positions within the ANCYL in Makhaza. They face charges of inciting violence and attending an illegal gathering.
The remaining accused, excepting one who faces an additional illegal gathering charge, are charged with public violence.
The 24 were arrested on June 1 after protesting against the City of Cape Town’s decision to remove the unenclosed toilets previously provided to residents, after ANC Youth League members and residents destroyed corrugated iron enclosures subsequently erected by the city.
All the accused are out on warning, except Nkohla who is out on R500 bail. Defence representing all the accused is Celeste Holmes.
The state alleges that on May 30 the accused burnt tyres on a footbridge on the R300 and the N2 and numerous roads in Khayelitsha were blocked with concrete slabs and burning tyres.
This was followed by the erection of burning barricades on Baden Powell Drive and stones being thrown at police officers.
The court was full to capacity yesterday, with orderlies having to tell some people to wait outside.
The court appearance came days after the South African Human Rights Commission (SAHRC) tabled its findings on the Makhaza toilet saga.
The SAHRC ordered that the City of Cape Town must re-install 55 toilets which they removed from Makhaza, with durable enclosures.
However, the City has described the findings as “incomprehensible”.
Rulleska Singh, spokesperson for Mayor Dan Plato, said: “It is clear that the SAHRC did not appreciate the great lengths the City went to in order to accommodate the wishes of the residents of Makhaza for individual toilets.”
She said the findings did not acknowledge the City’s subsequent attempts to enclose the remaining 55 open toilets when residents indicated they were unable to do so.
According to Singh, residents accepted the city’s offer to supply the toilets without enclosures, which they would undertake to erect at their own expense.
She said the City received its housing budget for developments such as Makhaza from national government and would thus have to approach them for further funding in order to fulfil the requirements of the SAHRC’s findings.
“The City maintains its commitment to reinstall toilets and enclose the structures as soon as we receive an assurance from the community that they will not be vandalised and demolished,” said Singh.
– West Cape News
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