On July 8, 2021, I was arrested in front of Estcourt prison where President Jacob Zuma was illegally incarcerated due to a travesty of justice committed by the Constitutional Court (CC).
I went to Estcourt prison the day after President Zuma was incarcerated to try to visit him and establish his well-being. While doing a live interview with SABC TV News at Estcourt prison, I was arrested. The entire nation has seen this pathetic travesty of justice and abuse of police power live on their television screens.
I was also detained for hours in the dungeon at the Estcourt police station before being charged. Since then, the trial dragged on for a year, and I had to go to Estcourt to appear at great expense, no less than five times.
Yesterday, (Monday June 27), only 11 days before a full year after my arrest, the magistrate in charge of this farcical case accepted my request for dismissal under article 174 of the case against me and threw all the politically motivated farce and charade in the proverbial trash can.
The Magistrate had harsh words for the South African Police Service (SAPS) and the National Prosecuting Authority (NPA), asking why only I was arrested and charged, when earlier the same day when I was arrested, Justice and Correctional Services Minister Ronald Lamola addressed a crowd outside the same Estcourt prison, and no one, including the minister, was arrested or charged.
I was obviously specifically targeted for selective persecution, and selective justice is no justice at all! I thank the magistrate for her courage to carry out her duties without fear or favour. It is good that we still have officers of the law who do not allow themselves to be intimidated, used and captured. She is a shining example and a beacon of hope, against those in the judiciary – including her own Chief Justice, Raymond Zondo – who have sold their souls in the pathetic service of white monopoly capital and the abuse of power by agents of white monopoly capital – notably Cyril Ramaphosa himself.
It does not go unnoticed that while I was with indecent haste arrested and brought before the courts on frivolous and fabricated charges, the SAPS and NPA are now dragging their feet to arrest and indict Cyril Ramaphosa for the crimes extremely serious that have been exposed and reported, regarding the Phala Phala farm saga. It is nothing less than a travesty of justice.
I thank my lawyer Eric Mabuza and my brilliant lawyer, Nthabiseng Mokoena, for the excellent legal work they have done to expose the abuses of the State and the terrible injustice of which I have been the victim. They are true examples of black excellence.
I am also sincerely and deeply grateful, especially to my partner, Noluthando Mdluli, and all my friends and comrades, who have supported me throughout this ordeal. I thank the comrades who traveled to Estcourt to attend my appearances. Their acts of solidarity and camaraderie must be celebrated and emulated, as we build a strong grassroots movement across our country, based on broad citizen power, to finally rid ourselves of the scourge of our nation, which has become Cyril Ramaphosa and his sidekicks.
With this dismissal of the outlandish COVID-19 case against me, that’s definitely not where the case ends. Such abuses of power and misuse of state resources for nothing more than narrow partisan and factional interests cannot be left unaddressed and must never go unpunished.
So I consulted with lawyer Dali Mpofu (SC), and I am grateful to him for agreeing to act on my behalf to sue the state for wrongful arrest and malicious prosecution. I will now proceed immediately to file these charges against the state.
Yesterday, after the dismissal, I spoke to my comrades and friends gathered to support me, before the Court of First Instance of Estcourt. I urge members of the public and the media to listen to my speech, which addressed in greater detail the abuse of state power and the serious transgressions committed by the authorities mentioned in this media statement. My speech can be viewed using the following link to my YouTube channel #InMyCrossHairs: https://youtu.be/TA6i7tj8ZC8.
I will never accept the abuse of state power and the repression of free speech, in order to try to stop myself and other comrades from calling out those who sell out our nation and who destroy the future of our people.
I am clear that Cyril Ramaphosa is an agent of imperialism and white monopoly capital, and I urge all South Africans – throughout the length and breadth of our country – to support #RapaphosaMustGo! extensive civil society campaign. We must never allow ourselves to be intimidated or silenced.
For me personally, these experiences of state abuse and flagrant illegality only strengthen my resolve to continue our struggle for total liberation. Victory is certain!
AY’KHALE! A CONTINUED FIGHT!
*Carl Niehaus is a member of the ANC and spokesperson for the Umkhonto We Sizwe Military Veterans Association (MKMVA)
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