Mcebo Dlamini's lie is no reason to deny him bail - lawyer

2016-11-08 18:34
Mcebo Dlamini. (News24)

Mcebo Dlamini. (News24)

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Johannesburg – Fees Must Fall leader Mcebo Dlamini lied during his bail application, but this was no reason to punish him, his lawyer told the High Court in Palm Ridge on Tuesday.

"Yes, Mr Mcebo lied," Tembeka Ngcukaitobi said, adding that this had no legal relevance.

Dlamini is appealing the Johannesburg Magistrate's Court's decision to deny him bail on October 19. He had been arrested three days earlier. He faces charges of malicious damage to property, theft, assault and public violence during student protests at Wits University.

During Dlamini's bail application in the magistrate's court at the time, he told the court he was due to write a test as one of the reasons he should receive bail. He, however, lied about having to write a test.

His lie was one of the fundamental reasons he was not granted bail.

Ngcukaitobi argued that the university could have told students that they needed to write exams, to ensure they heeded the call to return to class.  

"It is perfectly understandable that an instruction for a test at Wits could have been given. The question was not if Mr Dlamini lied. You cannot use bail as punishment for a lie."

Prosecutor Steven Rubin said Dlamini's lie indicated that he had a propensity to mislead the court. 

"It is clear that the representation that he is writing Law of Evidence comes from him. The appellant was never registered for Law of Evidence. It's clear he shows his propensity to lie," Rubin said.

Magistrate Albertus Roux said Dlamini was not always "friendly and honest with the court".

The High Court would rule on the appeal on Wednesday.

Read more on:    wits  |  mcebo dlamini  |  university protests

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