Dale McKinley
On June 3 in the Protea Magistrate's Court in Soweto, two Anti-Privatisation Forum (APF) activists from the community of Phiri — Tshepo Mkwanazi and Thabo Madisane — were convicted of "intimidation" and given R10,000 fines each, suspended for five years.
Both were arrested and charged last September, during the general crackdown on community resistance to the installation of pre-paid water meters in Phiri.
The case was finally heard after four successive court appearances where postponements were granted to the prosecution due to a lack of preparation and unavailability of witnesses.
The intimidation was alleged to have taken place at a mass meeting held in September by the ANC-controlled Johannesburg City Council to propagate the benefits of pre-paid meters to the Phiri community.
The prosecution's case consisted of contradictory testimonies from two local ANC councillors and a local police officer. Both the second councillor and the police officer were unable to identify either of the accused. They were also unable to confirm that the two activists had carried out any act of intimidation.
The effect of the convictions will be to prevent the activists from engaging in any further political activity and community resistance, since it has become clear that any such legitimate activity will be criminalised by the state.
The APF is launching an immediate appeal against the decision, which makes a mockery of the impartiality of the judiciary and the concept and practice of receiving a fair trial.
[Visit the APF's website at .]
From 91×ÔÅÄÂÛ̳ Weekly, June 9, 2004.
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