ActionSA Ekurhuleni mayoral candidate Xolani Khumalo has been granted R2 000 bail following his arrest on Monday, 19 January.
He appeared before the Palm Ridge Magistrate’s Court facing charges of assault with intent to cause grievous bodily harm (GBH) and pointing of a firearm.
Khumalo was detained at the Katlehong police station after voluntarily handing himself over to the South African Police Service (Saps) following reports indicating that there were plans to arrest him.
The case stems from a police raid conducted last year at the residence of a suspected drug dealer in Katlehong, where law enforcement officers seized unlicensed ammunition.
Khumalo was present during the operation.
ActionSA claims that although the suspect was initially arrested, he was subsequently released without making a court appearance, and the confiscated ammunition was allegedly returned.
The party further claims that the suspect subsequently laid a false assault charge against Khumalo.
ActionSA’s Xolani Khumalo released on bail
Speaking outside the court, ActionSA MP Lerato Ngobeni criticised the handling of the matter, accusing the state of attempting to keep Khumalo behind bars on technical grounds.
She alleged that the investigating officer went AWOL, which caused delays in court proceedings, and claimed that the same officer attempted to turn the matter into a technical issue related to the verification of Khumalo’s residential address.
“What is appalling about this is that Xolani is a law-abiding citizen. He is fighting for the people of South Africa, and of Ekurhuleni in particular, against drugs in our country that are being peddled by nefarious individuals who are doing all sorts of unjustified things.
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“Yet he is the one who must be remanded in prison and not be released because of a verification of his residence.
“His residence is known, and his wife was able to provide that information as soon as the magistrate asked for it,” Ngobeni said.
Ngobeni also expressed concern about the earlier release of the alleged drug dealer.
“What is it that these folks are really looking for? Because at the end of the day what they need do is to investigate what is it that Xolani and his crew have been able to uncover.”
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Lawyer slams police conduct
Khumalo’s legal representative, advocate Zola Majavu, criticised the investigating officer, saying there had been prior communication and an arrangement for Khumalo to hand himself over to authorities.
Majavu argued that the verification of Khumalo’s address could have been completed long before his court appearance.
“It is wrong and the worst part is that his co-accused was released on police bail at a police station without having been subjected to this legal [process],” he said.
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“You cannot deprive a person’s liberty because you failed to do your job and he confessed,” the advocate continue.
According to Majavu, Khumalo’s co-accused was arrested after going to the police station to enquire about the release of suspects who had been arrested during the drug bust.
“He then actually discovered that he was a suspect. That’s how he was arrested.”
Majavu added that he would lodge a formal complaint with the Independent Police Investigative Directorate (Ipid) regarding the conduct of the officers involved in the case.
Khumalo vows to continue anti-drug activism
Following the court ruling, Khumalo welcomed the decision granting him bail, saying he was relieved to be able to return home.
He also reaffirmed his commitment to continue his activism against drug abuse.
“We are going to continue fighting drugs because we want to realise a drug-free South Africa.
“There’s nothing else. We are doing it for our children. If they want to stop us, they must try other ways.
“But we will continue to work with the Saps because we know there are officers who want to do their work. They are not lazy like others,” he said.
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