'New facts' emerge in Kessie Nair's k-word case, court hears
24 October 2018
There are "new facts" in the racism case against Kessie Nair, the former Durban councillor who called President Cyril Ramaphosa the k-word in a viral Facebook video, the Verulam Magistrate's Court heard on Wednesday.
Nair's lawyer Chris Gounden asked the court to provisionally adjourn the matter to October 31 as he wished to bring a new bail application based on the "new facts".
Nair, who has been charged with multiple counts of crimen injuria and two of incitement of public violence, was denied bail last Wednesday.
When Gounden was asked what those "new facts" were, he said he would disclose them at a later stage.
Prosecutor Carlson Govender said Nair's medical records and the forensic report were also still outstanding.
He confirmed that Gounden had told him about the new application based on the new information.
Nair 'doesn't understand seriousness of charges'
Govender said the adjournment would also provide the State with an opportunity to investigate the matter further.
Magistrate Ncumisa Gcolotela ruled last Wednesday that Nair had "failed dismally" to prove to the court that he deserved to be released on bail.
Gcolotela said she was concerned because Nair did not appear to be aware of the seriousness of the "derogatory term he uttered".
"It would appear that the applicant doesn't understand the seriousness of the charges he is facing," she said.
"Any reference to another using a derogatory word is not only an insult to the person the words are being uttered to, but the whole nation, especially when taking into account the apartheid era the country went through," said Gcolotela.
"This is the kind of crime that could cause outrage and public outcry," she said.
She reprimanded Nair for "using his court appearance to insult more people".
Nair previously accused officials dealing with his case of trying to please Ramaphosa in order to get promotions.
Nair will remain in custody at Westville prison until October 31.
