Mobbed mayor: 87 are freed

2003-03-05 12:32

Johannesburg - The 87 people, most of them pensioners, who were arrested during a protest outside the home of Johannesburg mayor Amos Masondo last April, were acquitted by Jeppe regional court on Wednesday on charges of public violence.

Magistrate Naomi Engelbrecht said the State's evidence had failed to identify who had performed what act at the protest and who had caused damage of R16 000 at the mayor's Kensington home on April 6.

The State also had failed to show that the protesters acted with common purpose to commit public violence and disturb the peace.

About 200 protesters arrived outside Masondo's home to deliver a memorandum protesting about electricity and service cuts in their areas.

The court found that all the protesters had been dressed in similar red T-shirts and were present when the damage was caused to Masondo's home.

Engelbrecht said the court, however, had heard no evidence about who had remained on the buses in which they had arrived and who had committed what act.

Happily mobbed their attorney

The court also did not know whether the group had set out with a common goal and had intended carrying out various acts to further that goal.

When police arrived, they arrested all the protesters in the area, as well as those who later went to the police station.

The 87 pleaded not guilty when they went on trial.

After delivering her judgment, Engelbrecht told the accused that action groups often were effective, but there were other avenues open to resolve grievances.

A few of those arrested who were absent on Wednesday would be dealt with separately, said the magistrate.

At the end of the State's case, defence attorney Steve Tuson of Wits Law Clinic argued for the discharge of all the accused.

The delighted 87 mobbed Tuson to express their gratitude as they left court on Wednesday and sympathisers toyi-toyied outside in support.

- SAPA