Sun, 21 Oct 2018
11
Johannesburg

Former Durban councillor and convicted fraudster Kessie Nair has appeared in the Verulam Family Court on charges of crimen injuria and inciting public violence after calling President Cyril Ramaphosa the K-word in a Facebook video.

Nair, who seemed relaxed during his appearance in court, was arrested at his father's home on Wednesday, according to the State.

Magistrate Irfaan Khalil postponed the case to September 26 for a formal bail application. He will be kept in custody at Westville prison.

His lawyer, Chris Gounden, told the court that he was ready to proceed with Nair's bail application on Friday, but Khalil said he was not available then.

Prosecutor San Bhartu said the State was also not ready to proceed with the bail application because they had to verify Nair's addresses. He provided police with three different addresses, Bhartu said.

Gounden submitted that Nair lived at the Phoenix address he was arrested at, but the State said it was not his father's house.

When Gounden approached his client to confirm the State's submission, Nair said he would like to exercise his right to remain silent.

Gounden also had to withdraw his application for Nair to be kept in isolation at the Westville Prison holding cells, after Nair told him he wanted to be kept with other inmates.

Khalil ruled that Nair should be provided with a meal and the necessary medication at the Phoenix police station where he was arrested before being transported to the holding cells in Westville.

On Wednesday, Nair's family said he was physically and mentally unwell.

READ: Former Durban councillor Kessie Nair arrested after calling Ramaphosa the k-word

"As a family, we distance ourselves from such utterances and statements," a statement on behalf of the family said.

"We have a history of being in the trenches fighting apartheid and being involved in the struggle for the liberation of this country from the shackles of the nationalist government.

"His health took a turn for the worst a few years ago. He suffers [from] a serious chronic illness. The visuals he posted of himself shows he lacks the intelligence and understating of what he is saying."

They said his previous incarceration had an impact on his personality and he needed immediate medical care.

"Kessie's statements are irrational and deserves to be condemned. We also urge the authorities to help ensure he gets the proper medical help.

"We urge the South African community to forgive him and we will do our best to make amends."

In a widely-circulated video, Nair announced that he was prepared to take a bullet or go to prison for the rest of his life.

"I... do hereby call for that k****r state president Mr Cyril Ramaphosa, yes I mean the k****r state president Cyril Ramaphosa, to be charged for frauding (sic) this nation, for oppressing this nation, for high treason, for failing and he's the source to all crime violence poor healthcare, poverty that prevails in a so-called true democracy (sic)," he said in the video, which is almost five minutes long.

ALSO READ: Kathrada Foundation condemns Kessie Nair for k-word rant

News24 previously reported that Nair was sentenced to six years in prison for fraud in 2005. He said it took 13 years of introspection to release the video.

"Nobody wakes up one morning and makes a statement and a video like that on social media," Nair previously told News24.

"No one in his right mind."

More South Africa News

Access More

Sign up for Johannesburg News

a daily newsletter full of things to discuss over drinks.and the great thing is that it's on the house!