The Verulam Family Court is expected to make a ruling on Tuesday on whether Kessie Nair can apply for bail or be sent for mental observation before applying for bail.

State prosecutor Carlson Govender and Nair’s attorney Chris Gounden submitted their final arguments on Monday afternoon on the state’s application that Nair be sent for a 28-day mental assessment at Fort Napier Hospital in Pietermaritzburg.

Nair – the former Durban councillor and convicted fraudster who called President Cyril Ramaphosa the k-word in a widely circulated Facebook video – has been charged with six counts of crimen injuria and two of incitement of public violence.

READ: Kessie Nair’s brother testifies: ‘I noticed changes in his mental state’

Govender argued that Nair should be treated as an in-patient at Fort Napier.

He said the court should consider the evidence of a district surgeon who examined Nair on the day of his first court appearance, the evidence of Nair’s brother Krishnan and that of the investigating officer Warrant Officer Ajay Lutchnan.

Signs of mental illness

The district surgeon had found that Nair showed no signs of mental illness but recommended that he should be sent to Fort Napier for 28 days, the court heard.

Krishnan told the court that he noticed “changes” in Nair’s mental state when he visited him at Westville prison on “numerous occasions”.

READ: ‘Forgive me’ – Kessie Nair apologises to Ramaphosa, public for k-word slur

Lutchnan told the court that there was a time when he couldn’t understand what Nair was saying when he took his fingerprints on the day of his arrest.

Lutchnan said they had interacted about Nair’s time in prison and about Nair “belonging to a 26 section of the prison”.

However, Gounden hit back at the state’s witnesses.

“The district surgeon is incompetent to do a mental observation, has no qualifications to deal with someone’s mind and lacked expertise to make such an assessment. The district surgeon recommended that the accused be sent to Fort Napier but found that he had no signs of mental illness, which is contradictory,” argued Gounden.

His said Krishnan’s evidence should not be considered because “he can’t manage his own affairs” and had also “sought assistance”.

Krishnan had admitted in court that he was a member of Alcoholics Anonymous but said he had been clean for two and a half years.

Gounden also argued that Nair should have been summoned to appear in court instead of being arrested. He said most people who were facing crimen injuria cases had only been summoned to appear in court.

High-profile case

Gounden also argued that Nair’s case was not a high-profile case.

“Whether it’s the president or domestic worker, every man is equal before the law. There’s also nobody toy-toying outside the court except for a few reporters in court,” he said.

He also submitted that Nair was on a donor list for a heart.

“The state has failed to bring to your attention that there’s a waiting list for beds at Fort Napier. The first available date is some time in April next year,” he said.

Gounden said Nair should be granted bail as he would avail himself should he be needed in court.

The court heard that other complainants in the matter were eThekwini Mayor Zandile Gumede, her deputy Fawzia Peer, KZN Human Settlements and Public Works MEC Ravi Pillay, former deputy mayor and speaker of the eThekwini municipality Logie Naidoo and former eThekwini councillor Brandon Pillay.

It is not clear whether Ramaphosa and the other complainants in the matter have filed their statements.

The court refused Gounden permission to ask Lutchnan whether Ramaphosa had filed his statement on the matter, since he was listed as a complainant.

Lutchnan, who is attached to the Hawks, told the court that investigations were at an advanced stage in the matter.

He said there were about 10 outstanding statements in the matter.

When News24 asked the NPA whether the president had filed his statement, director of public prosecutions (DPP) in KwaZulu-Natal Advocate Moipone Noko said: “This matter is still under police investigations therefore the details cannot be divulged.”

Magistrate Ncumisa Gcolotela rolled the matter over to Tuesday where she was expected to make a ruling in the state’s application.

Nair remains in custody at the Westville Prison.

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The Inspector-General of Intelligence has confirmed that an investigation into the alleged use of state resources to spy on prominent South Africans on behalf of the Gupta family is currently underway, the DA said on Sunday.

DA chief whip John Steenhuisen said in a statement on Sunday that they received the confirmation from the Inspector-General Dr Setlhomamaru Dintwe following their request which was submitted in July 2017.

In a letter addressed to the DA, dated September 20, Dintwe said the delay in the investigation “was occasioned by the non-cooperation of the State Security Agency (SSA) under the tenure of Mr A. Fraser”.

Steenhuisen said their request for an investigation followed various media reports that the chief executive of Sahara and a close Gupta associate Ashu Chawla was found in possession of “sensitive, confidential and private state-held information about prominent South Africans”.  

“The need for the IGI to complete this crucial investigation is now more urgent than ever considering the important work of the Zondo commission [state capture inquiry],” he said.  

Steenhuisen said the party still contends that President Cyril Ramaphosa’s decision to appoint Arthur Fraser as National Commissioner of Correctional Services was unconstitutional and irrational.

In May, the party filed papers at the North Gauteng High Court in Pretoria to have Freser’s appointment reviewed and set aside.

“Fraser should have been fired and criminally charged, not redeployed,” Steenhuisen added.  

A group of armed men killed four people in two separate shootings in Meqheleng, Ficksburg, on Saturday morning, Free State police said.

The men, apparently wearing blankets and from Lesotho, stormed a night vigil around 01:30, opening fire on a tent full of singing mourners, said Brigadier Sam Makhele.

“A 60-year-old man was killed as well as a female who was asleep in her house and was hit by a stray bullet,” he said.

Six people were rushed to hospital with multiple gunshot wounds.

Just an hour later, armed men entered the yard of a house in the same area and started shooting randomly.

Two men, aged 33 and 38, were shot dead, while two others sustained gunshot wounds to the lower backs.

“Neighbours called the police but on arrival [the] suspects had already disappeared in the dark heading towards Lesotho border,” said Makhele.

The town is just a few kilometres from the border.

A team comprising detectives, crime intelligence, technical response team officers and the public order police, has been established to hunt down the gunmen.

“Our team will work around the clock to make sure that we bring to book these heartless monsters,” said Acting Provincial Police Commissioner, Major General Solly Lesia. 

Anyone with information can contact Detective Colonel Eketsang Kholoane on 082-301-9578 or contact Crime Stop on 0860010111.

A shooting and a fire have caused serious train delays at Mbekweni station in Paarl in the Western Cape, says Metrorail.

Train number 3520 was set alight at 12:26 at the station, following a shooting incident, spokesperson Zino Mihi told News24.

She was unable to confirm information on injuries, arrests or affected commuters because of the rapidly unfolding situation.

“We don’t know as yet because everybody is there on site.”

Metrorail announced that, as a result of the incident, train journey times would increase by over an hour while investigations are ongoing and the area is being cleared.

READ: R30m damage caused by Cape Town train fire

Service impact

Mihi said the two incidents appeared to be related, though she was quick to point out that the investigation was in the very early stages.

“There’re two incidents: The shooting and also the fire. The shooting incident happened first and soon after that the train was burning. We have the dots to connect because it happened minutes apart.”

The South African Police Service confirmed the incident.

“The circumstances are being investigated but a man was shot when he tried to attack another man and commuters set the train alight,” Lieutenant Colonel André Traut told News24.

Metrorail has had to deal with a number of train fires over the past several months, in addition to vandalism of equipment and theft of cables.

Mihi said that Metrorail requires a minimum of 88 train sets to operate the service in the Western Cape, and it only has 42 reliable sets at the moment.

She indicated the entity would be releasing statistics for arrests of cable thieves next week.

One coach is also burning at Cape Town station.

“One train coach is burning,” Mihi told News24, adding that the fire started at 14:35.

“We’re going to have a seriously reduced service,” she said about the impact on commuters as the company prepares for the afternoon peak.

Meanwhile in Firgrove, the city’s fire and rescue service also responded just before 14:00 to Firgrove railway station where they are currently dealing with two railway carriages that have been set alight.

“No injuries have been reported and currently we have 16 firefighters at the Firgrove incident,” the city’s fire and rescue spokesperson Theo Layne said.

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