If I have violated the law I must be punished. Glenmore activist Ben Mafani appeared calm as magistrate Makhetho Pheko ordered him to pay a R1 500 fine or spend three months in jail, for failing to appear in court earlier this month.
If I have violated the law I must be punished. Glenmore activist Ben Mafani appeared calm as magistrate Makhetho Pheko ordered him to pay a R1 500 fine or spend three months in jail, for failing to appear in court earlier this month.
The missed court appearance – Mafani, 59, told the court he'd had to consult with his ancestors that day – was to have been to face a charge of malicious damage to property. That, in turn, was the consequence of his regular protest – the throwing of a brick through a window of the Grahamstown high court. Mafani told the court he was shocked when the police arrested him at his Glenmore home on Tuesday.
He said he had been told by the investigating officer that the warrant for arrest, issued on 12 September, had been cancelled. Mafani said he'd only been told he was expected to appear in court on Wednesday. Asked if he wanted to address the court as to why he should not be found guilty for failing to appear in court last month, Mafani said he could not give any reasons, because the people (ancestors) who are using me unfortunately could not be in court to defend him.
When Pheko asked him to explain why his bail should not be forfeited, Mafani said since he was young he had never allowed people to do things for him out of sympathy. "If I have violated the law I must be punished. I would like to leave it to the court to make a ruling," he told the court.
Pheko said he was concerned that Mafani knew the case had been postponed to 12 September, yet had failed to make arrangements with the court before or after his failure to appear. During mitigation of sentence Mafani raised concerns about a case currently under way at the Bhisho High Court, in connection with the death of his children during apartheid-era forced removals.
In handing down sentence, Pheko said Mafani had been granted R500 bail the first time he was arrested and the case had been postponed time and time again.
He said he (Mafani) had failed to appear in court at least three times. I am of the view that it is not in the interest of justice that you are not punished, Pheko said. Mafani was ordered to pay a R1 500 fine, or spend three months in prison. He chose to represent himself in the main trial.
Asked if he wanted copies of the dockets, he said their contents would assist him in his trial, but he could not afford to pay for them. They cost R1 a page, totalling at least R40. Mafani agreed to obtain the dockets through legal aid.
The case was postponed to 9 October for Mafani to get the dockets and his bail was extended, pending payment of the fine. Pheko said arrangements would be made with prison officials for Mafani to attend to issues relating to the ongoing Bisho court case.
