More than 400 people, including Amabutho (Zulu regiment), gathered outside the Randburg Magistrates Court earlier today as they awaited the verdict on former Ukhozi FM presenter Ngizwe Mchunu, who was facing charges of inciting violence during the 2021 July unrest. Magistrate Ramanu Sadike said he was giving Ngizwe the benefit of the doubt after he found that the word 'Ayikhale or Azikhale" did not incite any violence or encourage people to be violent. Sadike said the word could have different meanings and that the state witness was not an expert in the isiZulu language.

CALMING THE STORM

The charges were brought before him after he held a media briefing in the midst of the July 2021 unrest and Covid-19, where he was said to be inciting violence by emphasising "Azikhale" as they gathered. The commotion started in Nkandla,Zuma's homestead, when Amabutho and various supporters refused the police access to arrest the former President. Magistrate Sadike found that the state could not prove its case beyond reasonable doubt. Sadike said Ngizwe's version that all he was trying to do was calm the situation and tell the people not to be unruly was possibly true. "The fact that he wanted to quell the violence by calling a media briefing was reasonably and possibly true," said Sadike. However, Sadike said although some of the comments that Ngizwe made during the press briefing were wrong, they were not a criminal offence.

NPA TO STUDY THE JUDGMENT

He said the charges relating to breaching the Disaster Management Act were also unchallenged because of the permit he produced during his trial as evidence. "It is my determination that the accused's version is reasonably and possibly true, and the state did not discharge its onus of proving the case against the case against the accused beyond reasonable doubt. The benefit of the doubt will also be awarded to the accused."

The NPA's Phindi Mjonondwane said, "His version was found to be reasonably possibly true. As the National Prosecuting Authority (NPA), we will accept the ruling and study the judgment."