Cape Town - Nine men on trial for dumping human waste at the airport were discharged on all but one charge at the Bellville Magistrate’s Court on Monday.
Andile Lili, Loyiso Nkohla, Yanga Mjingwana, Ben Dyani, Jaji Diniso, Bongile Zanazo, Thembela Mabanjwa, Bantubakhe Mgobodiya and Wandisile Mkapa will have to answer a charge of contravening a section of the Civil Aviation Act – which carries a sentence of up to 30 years’ jail.
They are accused of dumping human faeces at the entrance of Cape Town International Airport’s departure terminal on June 25 last year.
They appeared at the Bellville Regional Court on Monday to hear the outcome of their section 174 application, which their lawyer, advocate Pearl Mathibela, had filed with the court in October.
This followed the State’s decision to close its case against the men.
They were charged with contravening the Civil Aviation Act with an alternative count, contravening the National Environment Management Act with an alternative count, and contravening the city’s environmental health by-laws.
They were cleared of all but the first count.
In dismissing counts two and three, magistrate Nonkosi Saba agreed with Mathibela on many aspects, including that “waste” as defined by the by-laws or acts did not mean faeces.
She said the State had not brought evidence before the court to prove the nine men had conspired to cause a riot.
Saba said their intention was to shame the City of Cape Town. “The intention of the accused was not aimed at the aircraft, crew or the navigation facilities of the airport,” she said.
Saba, however, said their actions had affected the operations of the airport, with the entrance having to be cordoned off, forcing some passengers to use an alternative access.
In this regard the men had a case to answer to because someone stepping on the dumped faeces could have slipped and injured themselves.
Their application for discharge was refused.
The nine accused displayed considerable relief, in particular Lili, who pumped his fist and smiled in the dock when the magistrate freed them on some of the charges.
Outside court Lili told his supporters that their lawyers were devising a strategy to deal with the remaining count.
“Now our lawyers are going to look at how they deal with that part that speaks about (possible) injuries to passengers. The one that speaks about injuries is true, because if one would have walked on the (faeces, they could have slipped),” Lili said.
“This is a serious indication that we must not take for granted what we are standing for; the issue of sanitation which has become a problem for all of us,” Nkohla said.
The case was postponed until Thursday.
xolani.koyana@inl.co.za
- Cape Times
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