Members of the Landless People’s Movement (LPM) facing charges of contravening a section of the Electoral Act were back in court on Wednesday.
The 52 activists arrested for demonstrating on polling day are facing charges of contravening section 108(a) of the Electoral Act of 1998, which states that ”on voting day, no person may hold or take part in any political meeting, march, demonstration or other political event: or engage in any political activity, other than casting a vote, in the area within the boundary of a voting station”.
All 52, who are represented pro bono by attorney Richard Moultrie of Bowman Gilfillan and advocates Matthew Welz and Nadine Fourie, have pleaded not guilty.
During Wednesday’s hearing in Lenasia, the court was packed. The accused, other members of the LPM and officials were shown a police video recording of the brief demonstration and arrest of the activists.
The officer who shot the video, Inspector Israel Maopha, was on the witness stand. The defence team spent time trying to prove that the ”video evidence submitted by the police is insufficient to show the guilt of the accused”.
Since their arrest on April 14, the accused have been in and out of court. One of the accused has since died. ”The delays are regrettable and it could be a considerable time yet before the matter is concluded. The wheels of justice are turning very slowly in this case,” said Moultrie.
The state has had problems bringing its witnesses to court on time, leading to the postponements. To date, only three state witnesses have testified.
Wednesday’s hearing was delayed for four hours because a state witness was giving evidence in another court.
There were further delays while court officials ran around the court building looking for a video machine on which to play the tape. The machine that had been brought to court was not working. The trial continues on Thursday.
Once the matter is concluded, the LPM intends to challenge the constitutionality of Section 108. Organisations such as the Freedom of Expression Institute have also indicated their intention to challenge the section.
Meanwhile, four of the 52 accused are planning civil action against police officers whom they accuse of having tortured and beaten them up while they were in police custody in April.
Maureen Mnisi, Ann Eveleth, Samantha Hargreaves and Moses Mahlangu have submitted statements to the Independent Complaints Directorate (ICD) detailing their treatment while in custody.
Moultrie said the allegations were ”in the process of being investigated” by the ICD.