Fans of the charismatic radio personality and sangoma Ngizwe Mchunu were dealt a disappointing blow when the court dismissed his application for discharge.
This happened on Thursday when Mchunu appeared before the Randburg magistrate’s court, where he was charged as one of the alleged instigators of the July 2021 unrest.
The state alleges that Mchunu held a meeting in Bryanston, north of Joburg, where he incited people to commit public violence.
State prosecutor Yusuf Baba argued that the prosecution placed sufficient evidence upon which a court, acting reasonably, may convict the accused.
He further added that the accused’s version of justification needs to be tested, whether it is a valid defence acceptable to the court or not.
The court dismissed his application in terms of s174 of the Criminal Procedure Act (CPA) that says “if, at the close of the case of the prosecution at any trial, the court is of the opinion that there is no evidence that the accused committed the offence referred to in the charge or any offence of which he may be convicted on the charge, it may return a verdict of not guilty”.
Mchunu pleaded not guilty to the charges and chose to disclose his defence by tendering a plea explanation, raising a defence of justification.
“The responsibility rests on the accused to prove an excuse or justification by placing evidence to show the court that circumstances existed that justified their alleged criminal behavior,” said Baba.
The case was postponed to July 5 for Mchunu to decide which route he will follow in placing evidence to prove his innocence.
Follow @SundayWorldZA on Twitter and @sundayworldza on Instagram, or like our Facebook Page, Sunday World, by clicking here for the latest breaking news in South Africa.
