#UnrestSA: State wants to adds treason charges to lawyer Ike Khumalo's incitement case

play article
Subscribers can listen to this article
  • Ike Khumalo was arrested on 25 July for allegedly inciting public violence.
  • The State plans on applying to the NDPP for treason charges to be added. 
  • His bail application is expected to be heard on Wednesday.

The State has indicated it intends on applying to the National Director of Public Prosecutions (NDPP) to have treason charges added to the charge sheet in the incitement case against advocate Ike Khumalo.  

Khumalo appeared in the Booysens Magistrate's Court on Monday, where he faces charges of inciting public violence. He had also been charged under the Cybercrimes Act. 

He is alleged to have have incited public violence during the recent unrest which flared up in Gauteng and KwaZulu-Natal.

READ | Life Esidimeni: Gauteng health dept officials warned moving patients was a death trap

Prosecutor Cobus Ehlers asked the court for the bail application, which had been set down for Wednesday, to be postponed for him to write to the NDPP.

Magistrate Hasina Habib asked if the bail application could not be heard while waiting for a response and Ehlers said that should the NDPP add the treason charge, it would affect the nature of the bail as it would then be a schedule five offence. 

Ehlers said there is evidence that Khumalo instructed the general public to kill politicians, burn down their houses or the houses of their relatives.

"The crux of it is that he seems upset by the way that the politicians are running the country and saying that the politicians are looting from the people. To me, that seems to be a form of insurrection," he said. 

Khumalo is accused of having posted videos inciting violence and treason on social media.

Ehlers said the State received two search warrants for homes associated with Khumalo; he said that police had executed one warrant but that they had issues gaining access into the other premises because no one was home.

The premises is said to belong to Khumalo's mother. The State wants to collect electronic devices as evidence that would be used in its case.

PICS | Unrest: Looters arrested as police, soldiers raid Nguni Hostel in Vosloorus

Habib asked if police had tried to make arrangements with the person living in the house, to which Ehlers responded "no", saying police were trying to catch them by surprise to preserve the integrity of investigations. 

Defence lawyer Bukhosi Sibanda said that Khumalo, who was visibly distraught while in the dock, could not afford another postponement of his bail application. 


"I know that the honourable court has specified that there is nothing special about my client on the previous occasion and that he should be treated like any other person though he is an advocate, but I just wish to bring it to the attention of the court that my client had a line up of cases for this whole week so if we consider any further postponement you can consider not only the prejudice on him, but a lot of his matters," said Sibanda.  

READ | Unrest: These are the four instigators who have been granted bail

In mitigation of bail being heard on Wednesday, Sibanda also told the court that Khumalo was expecting the birth of twins soon. 

Habib ruled that the State had not provided enough details for them to be granted a seven-day postponement.

"The State has not set out a lot of detail to this court to convince it that it is entitled to another seven-day postponement of the bail hearing. The accused was arrested on 25 July, so the police have had since 25 July to apply for these warrants and execute them. I have no explanation whatsoever with regard to the delay," she said. 

Khumalo's bail application is expected to be heard on Wednesday.  

We live in a world where facts and fiction get blurred
In times of uncertainty you need journalism you can trust. For only R75 per month, you have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Journalism strengthens democracy. Invest in the future today.
Subscribe to News24
Lockdown For
Voting Booth
With the Springboks losing their last two matches against Australia, how concerned are you?
Please select an option Oops! Something went wrong, please try again later.
Very concerned! Something is not right ...
59% - 1788 votes
I'm not worried. Every team has a bad game. The Boks will bounce back.
17% - 518 votes
It's too early to tell. Let's see how they go against the All Blacks.
24% - 731 votes
Rand - Dollar
Rand - Pound
Rand - Euro
Rand - Aus dollar
Rand - Yen
Brent Crude
Top 40
All Share
Resource 10
Industrial 25
Financial 15
All JSE data delayed by at least 15 minutes Iress logo
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.