Charges against the 40 people arrested during an “illegal gathering” at Rondebosch Common on Friday were dropped on Monday – except against organiser Mario Wanza, who is taking his fight with the city and the police to the South African Human Rights Commission.
Cosatu has also applied for permission to hold a second gathering on the common on Saturday.
Wanza appeared in the Athlone Magistrate’s Court on Monday and was released on R500 bail on condition that he did not participate in any illegal gatherings until his next court appearance on March 16.
The 40 were arrested during an Occupy Rondebosch Common demonstration.
Wanza was arrested in Manenberg and spent the weekend in custody, but the other protesters were released with a warning on Friday. The group, which wanted to gather on the common for a summit on jobs, land and housing, contends that the arrests were illegal and the city did not follow the right procedure laid out in the Gatherings Act.
Wanza said he would be meeting Cosatu on Tuesday to discuss plans for Saturday’s follow-up protest. He was also to meet Pregs Govender from the Human Rights Commission on Wednesday.
Meanwhile, charges against the other protesters were withdrawn at the Wynberg Magistrate’s Court due to insufficient evidence.
“Every time they try to break us down and separate us, it only makes us stronger,” Wanza said after his release, while community leaders and family members chanted and embraced him as he left court. “Our struggle is just, all we wanted to do was to go to public land to make decisions about our future. We have been tainted to say that our actions were illegal, but the condition they gave me is a clear attempt to silence me,” said Wanza.
His attorney, Edwin Grobler, said there was a good chance charges would be dropped at his next court appearance. “It was the same event and charges as the others, so there is a very good chance that the charges could be withdrawn,” he said.
About 70 supporters gathered outside Wynberg Magistrate’s Court.
Tania Kleinhans, secretary-general of the Institute for the Restoration of the Aborigines of South Africa, and members of the January Royal Authority went to court to hand over a letter in support of the campaign.
John Adams from the Ruyterwacht Tenants’ Committee said they would be continuing with plans this weekend and a summit on April 27.
Hout Bay Civic Association member Roscoe Jacobs condemned Wanza’s arrest: “We would like the City of Cape Town to know that these tactics will not derail us from pushing forth our agenda of land, housing and jobs.”
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