Bonginkosi Khanyile due in court after being re-arrested

Bonginkosi Khanyile, a prominent figure accused of inciting public violence during the July 2021 unrest, has been re-arrested after he failed to appear in court on Monday.

Khanyile, a member of the uMkhonto weSizwe Party, was taken into custody on Tuesday after confusion regarding his scheduled court appearance. He was initially out on bail but now faces the risk of having it revoked.

He is set to appear in the Durban Magistrates’ Court on Wednesday, where he will need to explain why he was absent from his trial and argue against the revocation of his bail.

Confusion Over Court Date Leads to Arrest

The KwaZulu-Natal National Prosecuting Authority (NPA) confirmed that Khanyile’s trial was set to begin on Monday, but he did not show up in court.

NPA spokesperson Natasha Ramkisson-Kara explained the sequence of events that led to his re-arrest:
“The trial was supposed to commence on Monday; however, the accused failed to appear in court. The attorney on record for the accused did not know where the accused was. The matter stood down for some time, and upon resumption, there was still no appearance from the accused.”

With no explanation for his absence at the time, the court issued a warrant for his arrest, leading to him being detained on Tuesday morning.

Khanyile’s Defense: ‘It Was a Misunderstanding’

Khanyile’s spokesperson, Philani Nduli, has insisted that the missed court appearance was not intentional and that Khanyile was not trying to evade justice.

According to Nduli, Khanyile was confused about his court date and arrived late, by which time the arrest warrant had already been issued.

“He was not fleeing from justice but arrived in court late,” Nduli explained.

Despite this explanation, legal experts say missing a court appearance—especially in a high-profile trial—can have serious consequences, as it may indicate disregard for court proceedings.

Khanyile’s Role in the July 2021 Unrest

Khanyile is one of several individuals charged with inciting public violence during the July 2021 riots that erupted in KwaZulu-Natal and Gauteng following the arrest of former President Jacob Zuma.

The unrest led to widespread looting, destruction of property, and loss of life, with over 350 people killed. The government has since been prosecuting those accused of playing a role in orchestrating the violence.

Khanyile has denied the charges and maintained that his political activism is being misrepresented as incitement to violence.

Bail Hearing and Possible Consequences

Khanyile’s Wednesday court appearance is expected to focus on why he missed his trial date and whether his bail should be revoked.

If the court finds that his absence was unjustified, he could face immediate detention until his trial concludes.

However, if he successfully argues his case, he may be granted bail again, but with stricter conditions to ensure he does not miss future proceedings.

Legal experts suggest that even if Khanyile remains out on bail, this incident could damage his credibility in court and weaken his defense.

What Happens Next?

• Wednesday’s court proceedings will determine whether Khanyile’s bail will be revoked or if he will be allowed to remain free while awaiting trial.
• If his bail is revoked, he could be kept in custody until the conclusion of his case.
• The case remains a high-profile legal battle, with political and legal implications for other individuals accused of being involved in the unrest.

For now, Khanyile remains behind bars, awaiting his day in court.

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