No video evidence against #FeesMustFall leader‚ lawyer tells court

Advocate Tembeka Ngcukaitobi has told the Palm Ridge Magistrate’s Court that there is “no video evidence‚ period” against his client‚ Fees Must Fall leader Mcebo Dlamini.

This comes as Dlamini makes a renewed bid for bail. He faces charges of public violence‚ theft‚ malicious damage to property and assault with intent to cause grievous bodily harm following his arrest at his Wits residence in October.

Dlamini was denied bail by the Johannesburg Magistrate’s Court on 19 October. He is appealing that decision.

“They say that there is video evidence that show the accused in particular compromising positions. There is no video evidence‚ period. It is not as if there is some video evidence that is coming‚” said Ngcukaitobi.

He was addressing Judge Ratha Mokgoatlheng at the court in Katlehong on the East Rand.

“This appeal is confined to the record that is before the court. The mere fact that the policeman promises to produce video and doesn’t‚ cannot be construed that he has in his bedroom‚” argued Ngcukaitobi.

Denying bail in October‚ Magistrate Albertus Roux had said releasing Dlamini on bail would not be in the best interest of justice because the evidence before the court proves that he won’t be able to maintain peaceful protests.

Roux had reviewed both arguments from Dlamini’s legal representative and the state. He said at the time that since there was footage showing Dlamini assaulting a police officer and a picture of him holding a stick and stones. These facts couldn’t be overlooked.

Earlier on Tuesday‚ another of Dlamini’s lawyers‚ Advocate Dali Mpofu‚ argued that the student leader was behind bars because of a political plot.

Mpofu said that after a meeting on Monday‚ October 10‚ between the Minister of Justice Michael Masutha‚ National Director of Public Prosecutions Shaun Abrahams as well as President Jacob Zuma at the African National Congress headquarters‚ Luthuli House‚ Dlamini and other student leaders were targeted and arrested.

State Security minister David Mahlobo and Minister of Social Development Bathibile Dlamini were also present at the meeting.

“This case‚ my lord‚ has got broader social and political connotations because it happened in the context of student protests at the University of Witwatersrand under the so called Fees Must Fall campaign‚” said Mpofu.

Judge Mokgoatlheng will rule on Wednesday on whether or not Dlamini will be released on bail. — Tiso Black Star Group Digital