Violent protesters jailed

Five men‚ who were part of an 800-strong mob who burned tyres‚ looted shops and pelted the police with stones and rocks during a violent xenophobic attack in KwaMashu in 2015‚ have each been sentenced to seven years in jail.

This is believed to be one of the toughest sentences for public violence.

Bongani Luthuli‚ 36‚ Siyabonga Thusi‚ 33‚ Sikhumbuzo Sibiya‚ 24‚ Sakhile Mzobe‚ 35‚ and Sanele Nkwanyana‚ 47‚ all pleaded not guilty in the Ntuzuma Regional Court in Durban.

They claimed they were just walking by when they were arrested by police. But magistrate Anand Maharaj said this could not possibly be true.

He said evidence was that when police arrived on the scene they had fired teargas.

They also used a water cannon to disperse the mob after they were stoned.

“During the unrest‚ the police marked certain people who stoned them and then they arrested them‚” he said.

All the arresting officers testified in court.

“It is highly improbable that in a crowd of 800 – evidence that was unchallenged – which was violent and volatile‚ the police only arrested seven people who weren’t doing anything‚” he said.

One of the accused has absconded since his arrest – and a warrant is out for his arrest – and another was acquitted last week‚ leaving just the five in the dock yesterday.

Maharaj said public violence had now reached a stage of being sabotage.

It included destruction‚ damage to property and vandalism.

“Everyone has the right to peacefully demonstrate but it seems to me this right is violated every day when these demonstrations are anything but peaceful.”