High court orders Komani protesters to cease disruption of business, municipal operations

Komani Protest Action members march towards public order police after rubber bullets and tear gas were used against them on Friday. (Photo: Tembile Sgqolana)

By Tembile Sgqolana

19 Feb 2023

The Enoch Mgijima Municipality, the local ratepayers association and businesses have interdicted protesting Komani residents who are calling for the dissolution of the municipality.

The Enoch Mgijima Municipality, the Border Kei Chamber of Business and the Civic and Ratepayers Association of Enoch Mgijima have secured two interim interdict orders preventing the Komani Protest Action (KPA) and its leaders from disrupting businesses and municipal operations in the Eastern Cape town. The protesters brought the town to a total standstill on Thursday and Friday.

The protesters are demanding that the municipality be dissolved and elections be held within three months.

Read more in Daily Maverick: “Komani shuts down as residents demand to be heard by Cogta minister Nkosazana Dlamini Zuma”

The Grahamstown High Court issued the two orders on Friday.

komani protesters Komani Protest Action members march towards public order police after rubber bullets and tear gas were used against them on Friday. (Photo: Tembile Sgqolana)

The municipality is seeking to restrain the KPA from intimidation and issuing threats; blocking roads; committing arson or polluting the environment; and inciting violence, or using any means to disrupt the affairs of the municipality or its employees in carrying out their functions.

The protesters are also interdicted from obstructing municipal employees and service providers or causing any obstruction that might hamper them in their service delivery operations.

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A second interdict from the business chamber and the ratepayers association seeks to prevent KPA from interfering with the daily activities of businesses and their customers.

The order calls on KPA to show cause on 30 March 2023 at 9.30am as to why both court orders should not be made final.

The business chamber and the ratepayers association said the interdict restrains all implicated respondents from interfering with the daily activities of members in the district of Komani where such members render services and operate businesses.

“This includes the protections of various rights of members, their businesses, their employees and their customers as well as prohibiting the [blocking] or preventing any vehicle or truck of the applicants and their members or to travel on any road in Komani,” they said

They said the court order was handed to the District Police Commissioner, who would subsequently distribute it to the police.

‘Arrest mandate’

“In the event of the breach of this order, SAPS are mandated to arrest such respondents who will have to then demonstrate as to why they should not be found guilty of contempt of the order the court granted, upon which further sentences will be imposed,” the groups said.

KPA leader Solomzi Nkwentsha said the protests would not stop, and the group would take note of all the businesses operating on Monday and boycott them.

“We have come a long way, and we are not going to turn back this time.”

He said the protesters would meet at the Thembisile Chris Hani Hexagon on Monday and be divided into two groups, with one going to the budget and treasury offices of the Enoch Mgijima Municipality and to the Chris Hani District Municipality offices. The protesters “would not allow workers to get inside the businesses”, he said.

Nkwentsha said the two municipalities would only operate once the Enoch Mgijima Municipality was dissolved.

“We only want one thing, which is to have this municipality dissolved so that service delivery can go to the people of this town,” Nkwentsha said.

He said that the KPA had not closed any businesses during the protests, which began towards the end of January.

“Again on Monday, we will not stop any business from operating, but we will write them down so that when we start the boycotts we know which businesses we will not be buying from,” he said.

Nkwentsha said the interdict did not stop them from protesting in town; however, it stopped them from closing businesses and interfering with people who wanted to go into the businesses.

“It does not say anything about the municipality offices,” he said.

Tear gas, rubber bullets

On Friday morning, hundreds of protesters continued their peaceful protest, moving around town and checking which businesses were open.

Public order police were present to monitor the protest in the afternoon. While protesters were moving on the Cathcart road towards the town on the Aliwal North side, police deployed tear gas and fired rubber bullets.

After negotiations with the police, the protesters were given 20 minutes to gather at the Hexagon.

One of the leaders, Xolani Ngxathu, said delaying tactics were being used.

“The leadership was called by the police and were told that people are being disorderly and that they should use only one lane and that they must stop closing businesses. What is confusing is that the police are talking with us, but they are not communicating with the government,” he said.

Cogta Minister Nkosazana Dlamini Zuma

He said Cooperative Governance and Traditional Affairs Minister Dr Nkosazana Dlamini Zuma had promised residents that she would respond to their demands after 15 February when the Cabinet had met. However, “now they are coming with different stories”, he said.

“People are tired and they say they can’t wait for more than a week in order to hear what the decision is. They say they want the response this week,” said Ngxathu.

Another leader, Axolile Masiza, said the residents had been shot without reason.

“This is the second time the police are shooting at people who are marching peacefully; now they are feeling the pressure from their leaders above and are now shooting at the people. We are being challenged here, but the protest is peaceful and will not damage or infringe anyone’s rights,” he said. DM/OBP

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South Africa

‘Arrest mandate’

Tear gas, rubber bullets

Cogta Minister Nkosazana Dlamini Zuma