Durban protests: Man gets bail despite criminal history and ‘judges must f**k off’ remark
· Citizen
A man arrested during last weekend’s anti-illegal immigration demonstrations in Durban, KwaZulu-Natal (KZN), has been released on bail despite the state raising concerns about his previous convictions, alleged parole violations and conduct during the protests.
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Wandile Nsibande was granted R1 000 bail by the Durban Magistrate’s Court on Friday, 16 October 2026.
However, reports indicate that he was rearrested shortly after his release over alleged breaches of his parole conditions.
The bail proceedings saw the state and defence present competing accounts of Nsibande’s behaviour during the protests, with video footage, allegations of police brutality and details of his previous convictions placed before the court.
Nsibande is accused one in the case, while his co-accused, Sphelele “Magolide” Shinga and Malizo Dzanibe, have already been granted release on bail of R1 000 each.
The three men were arrested on Saturday, 10 October, during demonstrations involving supporters of the March and March movement.
Wandile Nsibande seeks bail in Durban protests case
State prosecutor Roshiela Benimadho opposed Nsibande’s release, arguing that his bail application fell under Schedule 5 and that his release could pose several risks.
The state cited concerns that he could endanger public safety, commit further offences, evade trial or intimidate witnesses.
“Public unrest constitutes exceptional circumstances, and the release of the applicant will undermine the public peace or security,” Benimadho told the court.
The prosecution also relied on Nsibande’s criminal history, telling the court that he had previously been convicted of robbery with aggravating circumstances and kidnapping in 2009.
Nsibande, however, maintained that the charges against him were “malicious” and indicated that he intended to plead not guilty at trial.
In an affidavit read by his lawyer, Xolani Zuma, the suspect acknowledged that he was on parole but maintained that he had completed his sentence.
He further told the court that an assault case opened against him by his sister had been withdrawn on 14 October 2026.
Nsibande also denied that his release would threaten public safety.
“I am released on bail; I have no fear for my safety or wellbeing,” the affidavit reads.
He claimed that he was still experiencing pain from injuries sustained when police allegedly shot him in the leg and private area during his arrest, adding that he needed medical attention.
Defence presents footage to dispute allegations
In an effort to challenge the state’s version of events, the defence played several video clips that Zuma argued showed Nsibande was neither “hostile” nor “dangerous” during the protests.
“That is the applicant who keeps on asking what is going on, not resisting arrest,” Zuma said about one of the clips.
The defence also presented footage showing several police officers gathered around Nsibande, followed by the sound of gunshots.
“Three shots are fired directly to the private part of the applicant by the people that are being paid by taxpayers to protect civilians.”
The defence further questioned the conduct of the investigating officer, Sergeant S.E Ngidi, who allegedly contacted Nsibande’s sister to ask why she had withdrawn an assault complaint against her brother.
Zuma criticised the timing of the call.
“The investigating officer in this case could have just asked his colleague, who was investigating and dealing with this matter, what happened in that case and doesn’t do so.
“Instead, he waits for eleven o’clock at night to phone this innocent lady.”
Benimadho maintained that the withdrawal of the complaint raised concerns for the state, particularly given when it had occurred.
State details previous robbery and kidnapping case
The prosecution provided further details about Nsibande’s 2009 conviction involving then high school teacher Kavisha Seevnarain.
The court heard that Seevnarain had been robbed of money and transported against her will by four armed men.
She survived after being kicked off the uMkhomazi River Bridge on the N2, although she sustained several serious injuries.
Nsibande was sentenced to 15 years for robbery and 10 years for kidnapping, amounting to an effective 25-year sentence.
The accused was released on parole in April 2022.
“He is still under correctional supervision until 2034,” Benimadho said.
The prosecutor also told the court that Nsibande had been arrested twice in connection with assault allegations involving his sister and another woman, aged 35.
According to the state, Nsibande had allegedly breached his parole conditions by travelling outside his designated jurisdiction in Eshowe without notifying his correctional officer.
Benimadho indicated that Nsibande was expected to appear at the Eshowe Magistrate’s Court on 14 October for the assault case involving the 35-year-old woman.
His appearance did not take place because he was in custody.
“The case has now been adjourned again for trial to the 25th of November.”
The prosecutor confirmed that the separate assault complaint involving Nsibande’s sister had been withdrawn after she informed the state that the family had met to resolve the dispute.
“She’s not proceeding with the case anymore.”
Prosecutor cites remarks against judiciary
The state also presented footage from the demonstrations in which Nsibande allegedly confronted a foreign national and questioned why he was in South Africa.
In another clip, he was recorded making a profane remark about members of the Constitutional Court (ConCourt), saying, “Those judges must f**k off with their law.”
“The applicant has absolute disregard for the judicial system,” Benimadho said.
Benimadho further told the court that police officers had described Nsibande as aggressive while he was being transported in a police vehicle.
“I was also consulted with the arresting officers regarding the applicant’s conducting following his arrest.
“They confirmed that the applicant was extremely aggressive inside the police.
“While the vehicle was moving, he repeatedly struck the windows and attempting to kick the door open.”
Magistrate grants accused bail
Despite the state’s objections, Magistrate Senzwesihle Sicelo Zuma ruled that Nsibande’s comments about judges could not, on their own, justify refusing him bail.
“For purposes of these proceedings, I shall not hold it against him.
“A presiding officer, who is one trained to remain impartial at all times, and we are expected to exercise extreme judicial temperament when dealing with cases.
“Therefore, to refuse bail based on what is shown to the court would amount to punishment pending the conclusion of this matter,” the magistrate remarked.
Zuma also observed that the footage presented during the proceedings showed the accused not hitting anyone.
The magistrate further found that Nsibande’s previous conviction did not, by itself, establish that he would commit another offence if released.
He added that the court could not conclusively determine whether Nsibande had breached his parole conditions.
“It would appear to me that the applicant, having attended his 2009 matter to its conclusion and currently being on parole, the court would not be in a position to conclude whether he is in breach of his parole conditions.
“It is the conclusion of this court that I see no likelihood of evasion,” Zuma ruled.
The court subsequently granted Nsibande bail of R1 000 and postponed the matter to 26 November.
However, reports indicate that he was rearrested shortly after leaving custody over alleged violations of his parole conditions.