Lawyers representing Kessie Nair, the man accused of calling President Cyril Ramaphosa the k-word, want the magistrate who refused to grant him bail to recuse himself, the Verulam Magistrate’s Court heard on Wednesday.
Nair, a former Durban councillor and convicted fraudster, was charged with multiple counts of crimen injuria and two of incitement of public violence after he posted a video on Facebook calling Ramaphosa the k-word.
On Wednesday, Nair’s lawyer Kerusha Ariyan told the court that they intended to bring the application for Magistrate Ncumisa Gcolotela’s recusal on November 8.
Ariyan, who works with Nair’s main lawyer Chris Gounden, also said a new bail application, based on “new facts”, would be brought on November 21.
She told reporters outside the court that she could not divulge the reasons why they wanted Gcolotela to recuse herself, and that the reasons would emerge when the application was heard in court. The “new facts” in the bail application would also be revealed in court.
Gcolotela ruled on October 17 that Nair had “failed dismally” to prove to the court that he deserved to be released on bail.
She said she was concerned because Nair did not appear to be aware of the seriousness of the “derogatory term he uttered”.
She also ordered that the transcripts of the court proceedings be sent to the KwaZulu-Natal Law Society so the Gounden’s conduct, with regards to Nair’s affidavit during his bail application, could be investigated.
Gcolotela previously ruled that Nair should be sent for mental observation at Fort Napier Hospital in Pietermaritzburg.
Nair previously accused officials dealing with his case of trying to please Ramaphosa to secure a promotion.
Magistrate Vera Alamchand postponed the matter to November 8 for the defence to bring the recusal application.
Nair remains in custody at Westville Prison.
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Publish date : 2018-10-31 14:50:56