11 December 2009
Abahlali baseMjondolo Press Statement

Justice Delayed is Justice Denied

Today the five members of the Kennedy Thirteen who are still in detention returned to court for their 7th attempt at requesting bail. On each of the 6 previous occasions the state failed to provide any evidence against the accused and the Magistrate postponed the bail application to give the state more time to produce some evidence of their guilt. On each case the state has failed to produce this evidence at the next hearing. This has led Bishop Rubin Phillip to call this case a ‘travesty of justice‘.

Today the investigating officer and prosecutor failed to arrive at the court hearing and, once again, the Magistrate granted the state a further extension instead of throwing the case out of her court. The next bail hearing has been set down for 22 January which will be almost four months after the five were first arrested – four months in detention without any evidence of guilt being produced by the state. This is a postponement of more than six weeks till the next bail hearing. According to the law the maximum period for which a bail application can be delayed is 7 days. This is unlawful detention.

As usual there was organised intimidation from the ANC at court today. The ANC even arrived at the court with the Abahlali baseMjondolo sound system which was stolen when the movement was attacked and its office destroyed and looted on the weekend of 26th and 27th September 2009. AbM will lay a charge of theft against the ANC.

One of the Kennedy Five was assaulted in custody this week. The movement will explore all means to secure the release of the five comrades who remain in detention.

Last weekend we launched a new branch in Hillary. Our struggle continues.

For further information and comment please contact:

Zodwa Nsibande: 082 830 2707
Mazwi Nzimande: 074 222 8601