The case of a Rhodes student arrested on Tuesday 18 October in the university’s main administration building was postponed until today in the magistrate’s court in Grahamstown.
The case of a Rhodes student arrested on Tuesday 18 October in the university’s main administration building was postponed until today in the magistrate’s court in Grahamstown.
The defence on Thursday 20 October asked for the matter to be removed from Court A, which is under magistrate Ntsoki Moni.
It is now in Court B because the student’s lawyer, Basil Williams said his client, Luzuko “Brian” Naki, was not happy with the way Moni handled the case.
Williams said Naki didn’t like the fact that Moni told him (the client) that if he could afford to hire a private attorney he could afford to pay bail. He said Naki felt that he wouldn’t get a fair trial in Moni’s court.
The lawyer also said there is footage they want to see before they proceed with the case, reportedly taken during the time the student was arrested.
“We decided that the case should be postponed because we really need that footage. It is very vital, as it will be key in our attempt to get him released from custody,” Williams said.
“The footage is going to clearly show the way that he was arrested.”
Naki, 21, a second-year Law student was arrested on Tuesday after the students were joined by support staff outside the National Education, Health and Allied Workers Union (Nehawu) offices in Prince Alfred Street.
Students and support staff marched to the administration building in an attempt to meet with the Vice-Chancellor Dr Sizwe Mabizela.
Mabizela invited them to send a delegation of four to come inside his office to meet with him.
However, a number of students proceeded into the building insisting on meeting with Mabizela. When they saw he was not in the Council Chambers, they broke drinking water glasses in the venue.
Heavily equipped police immediately entered the building.
Mabizela came out of his office and attempted to calm the situation, speaking to the students and the police.
While Mabizela was still busy talking to the angry students, Naki came in with the police and asked Mabizela to ask the police why they were arresting him.
“Dr Mabizela please could you ask the police why they are arresting me? I was coming in as one of the delegates you asked for. Please talk to them, Dr Mabizela,” said the student.
But the police said they were doing their job, removed Naki from the building and put him into a police van.
The students surrounded Mabizela and asked him to intervene. They said they would go to the police station with Mabizela so he could ask the police why their colleague had been arrested.
A group of protesters left the campus, singing, and Mabizela was among them.
In a statement issued on Wednesday morning, the University media liaison’s Catherine Deiner described the circumstances of Naki’s arrest.
“Following disruptions in the kitchens and main admin building on Tuesday 18 October, the Vice-Chancellor requested four or five student representatives to engage with him in his office.
“A large group of students entered the building followed by members of the Public Order Policing Unit who arrested one student.”
Deiner said in order to defuse the situation, Mabizela accompanied the students to the police station.
“Engagements between very senior police officials, the Vice-Chancellor and students’ legal representative took place and the reason for the student’s arrest was explained as a violation of his bail conditions,” Deiner said.
Naki made his first appearance on Wednesday and his case was postponed to yesterday. Moni said Naki would remain in custody.
Grahamstown senior magistrate Petrus van Vuuren said Naki will appear for a bail application today.
“We don’t know if it will actually proceed because we want to allow the legal representative of the accused to go through certain videos,” said Van Vuuren.
Nine Rhodes University students arrested on Monday on charges of public violence were released on bail of
R1 000 each on Wednesday.
They were arrested on Monday night during clashes with police in which several windows were broken, and three vehicles as well as mobile ATMs were overturned on the campus.
The conflicts between protesters and police continued over about six hours in various parts of the university campus.
In the statement, Deiner said a fire was started on Tuesday night in the road outside Nelson Mandela and Lillian Ngoyi dining halls.
“The police were on the scene and the emergency fire services were called to extinguish the fire. A number of windows across campus were smashed.
“There was an attempt to set the small building next to the School of Languages Building on fire. The place was doused in petrol but was not set alight. The Fire Department sprayed water to dilute and wash the petrol away,” Deiner said. She said a small stash of petrol bombs was later found on the campus.
Deiner said it had been a difficult period for the students and staff and many people had been upset by events on campus.
She said lecturers were willing to assist students with catching up and revising work and heads of department were developing frameworks to ensure that no student was penalised because of the disruptions.
Departments are also said to be considering the way examinations might need to be adapted. Deiner said any changes to assessments would not impact on standards, however.
Students were encouraged to continue with preparations for exams, as per the scheduled time table.
“We are committed to ensuring the success of the academic year. A more detailed communication about plans for the examination period will be sent to all students, parents and guardians,” said Deiner.
