Alleged unrest instigator Bonginkosi Khanyile has had his bail reinstated after failing to appear in court earlier this week.
The National Prosecuting Authority (NPA) in KwaZulu-Natal confirmed that Khanyile appeared in the Durban Magistrate’s Court on Wednesday for an enquiry into his absence from court on Monday.
Khanyile faces serious charges, including incitement to commit public violence and contravention of the Disaster Management Act, both linked to the July 2021 unrest in KwaZulu-Natal.
Missed Court Appearance Leads to Arrest
The NPA’s provincial spokesperson, Natasha Ramkisson-Kara, explained that Khanyile had been scheduled to appear in court on Monday, March 3, 2025, when his trial was set to begin. However, he failed to show up, leading to a warrant being issued for his arrest.
“His appearance is as a result of his failure to appear in court on Monday, March 3, 2025, where trial proceedings in the above matter were set to get underway,” said Ramkisson-Kara.
Khanyile was subsequently arrested on March 4, 2025 and brought before the Durban Magistrate’s Court on March 5, 2025 for an enquiry into his absence.
Bail Reinstated with Strict Conditions
Following the enquiry into his failure to appear, the court ruled in Khanyile’s favor, reinstating his bail after it was provisionally forfeited.
“Following the enquiry, the court reinstated his bail after its provisional forfeiture,” Ramkisson-Kara confirmed.
However, one of the conditions set by the court is that Khanyile’s trial must commence on Thursday, March 6, 2025.
He remains out on bail of R5,000, but any further failure to appear could lead to stricter consequences.
Khanyile’s Alleged Role in the July 2021 Unrest
Khanyile is accused of inciting violence during the widespread riots and looting that took place in KwaZulu-Natal and parts of Gauteng in July 2021.
The State alleges that between July 8 and July 11, 2021, at or near Warwick Avenue in Durban, Khanyile unlawfully and intentionally incited, instigated, commanded, or procured unknown individuals to commit public violence.
Additionally, on July 10, 2021, he is accused of convening a public gathering near Smith Street, Durban, where he allegedly addressed a crowd in violation of the Disaster Management Act.
At the time of the unrest, South Africa was still under strict COVID-19 regulations, which prohibited large gatherings outside of funerals and essential work-related events.
The 2021 Riots: Context and Impact
The July 2021 unrest was one of the most destructive events in post-apartheid South Africa, triggered by the imprisonment of former President Jacob Zuma for contempt of court.
The riots led to:
- Widespread looting and destruction of businesses, infrastructure, and supply chains.
- Over 350 deaths and billions of rands in damages to property.
- A major humanitarian crisis, with shortages of food, medicine, and fuel in affected areas.
Khanyile, a prominent activist and former Fees Must Fall leader, was among those accused of inciting the unrest through social media and public gatherings.
Legal Troubles and Political Ties
Khanyile is no stranger to legal battles. In the past, he has been involved in student protests and political activism, often advocating for radical economic transformation and free higher education.
His arrest and trial have drawn mixed reactions, with some viewing him as a political scapegoat, while others believe he played a role in fueling the chaos that gripped KwaZulu-Natal and parts of Gauteng in 2021.
What Happens Next?
With his trial set to begin on March 6, 2025, Khanyile’s legal team is expected to challenge the State’s evidence and argue for his acquittal.
If found guilty, he could face severe penalties, including a lengthy prison sentence for incitement to violence.
For now, Khanyile remains out on bail, but under strict conditions as the court prepares to hear evidence against him.
The trial is expected to shed more light on his alleged role in the unrest and determine whether he was a key instigator or merely a political figure caught in the storm of events.