State mum on Cyril affidavit
Nair used the k-word
The state has refused to divulge whether President Cyril Ramaphosa has submitted a statement against former Durban councillor Kessie Nair‚ who called him the k-word in a video that went viral on social media.
Prosecutor Sam Bhartu told the Verulam magistrate’s court yesterday that the investigation was at an early stage therefore she would not address the defence’s question on whether Ramaphosa had filed a statement.
During Nair’s second court appearance, his lawyer Chris Gounden questioned how there could be a charge of crimen injuria against his client when there was no statement filed by the complainant. The complainant is listed as Ramaphosa.
“The so-called complainant has not filed a statement,” Gounden said. “On what basis is my colleague being so malicious in taking it upon herself to persecute this accused when the so-called complainant has not filed an affidavit?”
He told the court that he knew for a fact that Ramaphosa had not filed any statement against Nair.
Nair – who served six years in prison for corruption and claims to have once been a member of the notorious 26s prison gang – has been charged with seven counts of crimen injuria and two counts of incitement for his widely circulated racist rant on video and social media posts.
In the video he calls for Ramaphosa to be charged for defrauding the nation‚ for oppressing the nation‚ for high treason‚ for “being the source [of] all crime and violence and poor healthcare and poverty in this so-called true democracy”.
In a written post‚ Nair says: “Let me go down in history‚ becoming the first and last man to called (sic) the number one citizen‚ the state president, the k-word.
“Achieved my goal‚ now I’m ready to die‚ for my intended message is public knowledge.
“Tuma Mena (sic) [to] Westville Prison‚” he added.
Nair intended to apply for bail yesterday.
However, the state brought an application for him to be sent for mental observation at the Fort Napier Hospital for 28 days.
The matter was adjourned to October 1 for further evidence.