Case against Backyarders withdrawn; pressure on prosecutor to reinstate attempted murder charges against DA chairperson
9 February 2011
Mandela Park Backyarders Press Statement
The fabricated case against Mandela Park Park Backyarders was withdrawn yesterday morning in Khayelitsha Magistrate Court.
No court session took place but we were told by court officials that our case is withdrawn for lack of evidence. This is a victory for us with having the charges withdrawn against Mandela Park 4. Even though more than 30 of our members have been arrested in the past couple years for our activism, cases have always either been thrown out of court for lack of evidence or gotten not-guilty verdicts. We maintain that these arrests are political, not judicial.
The Democratic Alliance Branch Chairperson in Mandela Park, Mr. Molly Mxoli, will re-appear in court on the 01 March 2011 for his attempt murder which was change to common assault (case #784/02/2011). We have learned however, that the attempted murder charge as well as other charges will likely be reinstated by the prosecutor.
This weekend, Mr. Molly shot at and chased dozens of Backyarders and managed to catch Mr. Solomon Luzuko which he severly hammer with his gun.
He was later charged for attempted murder but was surprisingly released on warning after MEC for Housing Bonginkosi Madikizela & his DA colleague Malizole Nqasela interfered in the judicial process. It has now become clear that Mr. Madikizela worked with the Site B police to force Harare police to change an attempt murder case into common assault. Even officers we spoke to in Harare Station condemned this act as unlawful because only the court can on a charge, not the police themselves.
Why did Madikizela use his connections at Site B Police Station to interfere in the case? All answers will be heard on the 01 March 2011. We invite all media to come to Khayelitsha Magistrate court to witness for themselves the facts of political corruption emerge.
The case of assault against DA Branch Secretary Nosipho Magcoba will also continue in mid-March.
As a movement, besides the criminal cases against DA members, we have come up with 3 demands regarding the recent destruction of our houses in Mandela Park:
1. The arrest of Bonginkosi Madikazela on charges of violation of the PIE Act and destruction of property
2. The immediate reconstruction of the demolished houses at the expense of the state
3. The provision of temporary accommodation for the affected residents
For more information, contact:
* Luzuko Solomon – 0739662188
* Khaya Xintolo – 0780241683
* Loyiso – 0737662078