Abahlali Attacked by the Police Again – An Eyewitness Account

A large and disciplined crowd of AbM, who had marched and assembled, were violently attacked by the police yesterday while waiting for the Mayor to receive their Memorandum. The attack, including water cannon, rubber bullets, stun grenades, and armed rampaging by ‘public order’ police, was unleashed on to an entirely peaceful gathering by the SAPS. There was no justification for the attack nor was there any warning that an attack was imminent or any or request to disperse before the attack.

The people were highly disciplined, and were well within the terms of the written permission that had been granted for the march. Indubitably, they were angry at the insulting attitude of the Mayor who, despite regular communication with his PA during the 30 days notice which he was given to come and receive the Memorandum, had nonetheless refused to come. But anger is hardly a crime and there was absolutely no justification for violence against the people. The police violence was clearly unprovoked and criminal.

A number of people were injured in the police attack and some were treated in hospitals. Their injuries have all been recorded by the District Surgeon so that the police can be sued. A number of Bahlali were arrested while fleeing the attack and others were arrested while walking back home! Ma Nkikine, an elderly Umhlali from the Joe Slovo settlement, was arrested after being struck by a rubber bullet in the back at close range and was not given any medical attention during the 8 hours that she spent in the cells. Mnikelo Ndabankulu was arrested at the Sydenham Police station when he arrived to check on his comrades. Obviously there is no rational or legal basis for these arrests. This is a clear case of wrongful arrest.

Ironically the arrested comrades were charged with ‘violating the gatherings act and with ‘public violence’. With due apologies if I got any of the names misspelt, here are the people who were arrested:

* Fanelo Chiliza
* Ntsikilelo Gxumisa
* Fazel Khan
* Phakame Madondolo
* P L Mbokaze
* Mgami Msomi
* Themba Mthembu
* Bongiseni Ngwaze
* Mariet Nkikine
* Mpongile Nkosiyaba
* Richard Pithouse
* Bani Sabela
* Zenzele Shabalala

Late last night, a lawyer and a prosecutor were found who set up court at the police station in order to process all 14 and, having paid bail of R500 each, they had all been released by about 8:30 last night. Thankfully, they do not appear to have been physically beaten or mistreated any further by the police while they were being held. They are due to appear in the Durban Magistrate’s Court at 8:30 on Tuesday next week.

One indication of just how patently ridiculous and unwarranted the police’s action was is that, about half an hour after the people had been attacked, disbursed and arrested, AbM President Sbu Zikode received a call from the Municipality saying a representative was ‘on his way to receive the Memorandum now’!

There is something very disturbing about yesterday’s events and one has to conclude that, in the eyes of those who officially carry guns for the state (the police), it is criminal for the organised poor to speak and show their strength through public actions – it is not breaking any law that ‘justifies’ violence and repression from the armed forces of the state. There mere act of a public mass expression of dissent is treated as something that requires an immediate and violent response. This march had been painstakingly planned and conducted to try and fit into every possible legal requirement. Not only was there
written permission, but AbM leaders had met with the SAPS in the preceding week to ensure that everything would go well this time. But once again a peaceful protest was subject to unprovoked police attack.

It is also perhaps worthwhile to note that, in the past AbM has welcomed the presence of church leadership at events like this partly because it is always hoped that it might provide some protection against state-sponsored violence against the rest of the members. When the police attacked this protest yesterday, church leaders has just been leading the people in prayer and were standing at the front of the crowd – they were among the first to be thoroughly doused when the water cannon was turn on.

Securing the release of the arrested comrades was the important priority through the afternoon and night. I personally hope that, in addition to defending them in court against the ridiculous charges they face, the movement finds a way to launch a strong case against the police who attacked the protest. If anyone should have been arrested for unprovoked, unjustified and thoroughly reckless violence (not to mention violating the Gatherings Act), it’s the police.

Mark Butler
Pietermaritzburg