All Charges Dropped Against the Grahamstown Four

3 August 2011
Unemployed People's Movement Press Statement

All Charges Dropped Against the Grahamstown Four

Yesterday all charges were dropped against the Grahamstown Four – Ayanda Kota, Xola Mali and Nombulelo Yami of the Unemployed People's Movement and Ntombentsha Budaza of the Women's Social Forum – in the Grahamstown Magistrate's court. This was the forth time that the four had had to appear in court since they were arrested on the 10th of February 2011.

On the 9th of February there was a protest against rape and the lack of water in parts of Grahamstown. The Municipality illegally and unconstitutionally banned the protest and people responded by occupying the Municipal offices. A meeting was promised but after it failed to materialise a road blockade was organised in the Phaphamani squatter camp. Some civil society organisations are uncomfortable with the road blockade as a tactic but around South Africa and around the world the road blockade has emerged as a key weapon of the unemployed who cannot strike.

As comrade Pedro Tabensky wrote at the time:

“The flames of Phaphamani went on all night. Next morning Mr Ayanda Kota (UPM president), Mr Xola Mali (UPM spokesperson) rushed to the settlement upon receiving a call from Ms Nombulelo Yami (of the WSF) informing them of police violence against the protesters.

On arrival they found that police were firing rubber bullets and rocksalt at the protesters. They immediately went to speak to the police to stop the unnecessary violence, and were arrested with Ms Yami on the spot, handcuffed and placed in a police van. While in the van they overheard a policeman ask the driver to give him more ‘sweets to enjoy himself’. He wanted more rubber bullets, and got them. Shortly after these arrests one of the protesters – Ms Ntombentsha Budaza – was beaten and arrested.

The prisoners were taken to the police station and the following day they were released on bail. The conditions of bail, disturbingly, are unconstitutional according to Professor Jane Duncan from Rhodes University. In summary, they are forbidden from organising and participating in further public expressions of the right to freedom of speech.”

Six months later all charges have been dropped against all four comrades. But for six months the four comrades were unlawfully denied basic democratic rights and their organisations had to find money for four court appearances. This was a clear abuse of the criminal justice system to harass and repress activists and independent organisations.

This has been happening across the country for many years. It is very rare to meet an activist who has not been arrested on the charge of 'public violence' at some point only to have the charges dropped after 4, 5, 6 or 7 court appearances. The movements of the people, like Abahlali baseMjondolo, the Anti-Privatisation Forum, the Landless People's Movement, the Western Cape Anti-Eviction Campaign and the many smaller organisations around the country all know this story very well. And across the country municipalities unilaterally ban protests, peaceful protests are routinely attacked with police violence (and already this year there have been more than ten murders of protesters at the hands of the police with the Andries Tatane case being the best known).

And as with the recent case of the Kennedy 12 the ANC and the police also, from time to time, try to frame activists on much more serious charges.

We are not living in a democracy.

As Maas van Wyk from the Landless People's Movement says the movements of the poor are trying by all means to politicise poverty and the state is responding by trying by all means to criminalise our movements. Ultimately this means that in South Africa it is becoming criminal to refuse to accept poverty as the natural order of things. Activism, even when it is peaceful and within the law, is being treated as if it is criminal.

We have reached the point where, as Frantz Fanon put it, “the party is holding the people down”. As Rosa Luxemburg said:

“Freedom is always and exclusively freedom for the one who thinks differently. Freedom is always the freedom of dissenters. Freedom only for the members of the government, only for the members of the Party – though they are quite numerous – is no freedom at all. Only through the conscious action of the working masses in city and country can it be brought to life, only through the people’s highest intellectual maturity and inexhaustible idealism can it be brought safely through all storms and find its way to port. Those who do not move, do not notice their chains.”

We will raise the issue of the abuse of the criminal justice system with other movements and with the Democratic Left Front. A co-ordinated response to the ongoing attack on our right to organise is necessary. We will also explore the possibility of suing the police for wrongful arrest.

Xola Mali – 072 299 5253 – xola.mali@yahoo.com
Ayanda Kota – 078 625 6462 – ayandakota@webmail.co.za
Nombulelo Yame – 078 328 9740