Demolition victim escorted by police after objecting in court.
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Thulisile Mapongwana
Ntombiyakhe Kwinana’s legal team plans to take action against the East London Magistrates’ Court, citing delays in her demolition and extortion case.
Her defense attorney, Zama Somahele, says the bail application has been unnecessarily delayed, while instructing attorney Lindelwa Mbanjwa claims an untrained prosecutor is leading the case.
The former SAA board member, has been in custody since her March 17 arrest in Pretoria. The 61-year-old is accused of demolishing homes on her family’s illegally occupied farm, known as "Rockville" eBhongweni, near the airport.
On Thursday, state prosecutor Bukho Ntsaluba led testimony from a second investigating officer, part of the national intervention unit probing extortion in the Eastern Cape.
Sergeant Ledimo testified that Kwinana poses a flight risk, alleging she evaded police in East London on March 4.
He said he arrived at the farm after reports that she was demolishing a house with armed guards from Gaby’s Security, a company owned by local taxi boss Simphiwe "Gabs" Mtshala.
"I could see the applicant knew police were at the wrong gate. As we arrived, we passed a Gaby’s Security vehicle heading in the opposite direction," he testified, adding that Kwinana left with the security team moments after the demolition.
Ledimo argued that her decision to return to Pretoria while knowing police wanted to speak with her reinforced concerns about her being a flight risk.
He also confirmed that authorities confiscated the TLB machine used in the demolition and later sought a warrant for her arrest.
During proceedings, Kwinana interjected, calling the state's plan to summon more witnesses an "abuse of power" meant to delay her case.
Somahele countered that Kwinana was not a flight risk, as she voluntarily shared her Pretoria address with the police.
The defense closed its case on Wednesday after calling three witnesses—Kwinana, a resident, and Mbanjwa. However, after being denied submission of a statement from the arresting officer in Gauteng, Ntsaluba said he intends to call the officer to testify, citing conflicting accounts of Kwinana’s arrest.
A woman whose house was demolished interrupted proceedings and was removed by police.
Outside the courtroom, she told the media: "We've been threatened and even had guns pointed at us. When Kwinana walked into court, she pointed at me."
She objected to Somahele’s claim that Kwinana had the right to demolish the houses based on a 2020 court order.
"They are lying! We have an interdict. The High Court ruled we could stay until Buffalo City Metro (BCM) purchases the land."
Metro spokesperson Samkelo Ngwenya confirmed that BCM is finalizing the farm's purchase.
"The matter was tabled before Council in December 2024, and Council resolved to intervene by purchasing the land," he said.
Ngwenya added that BCM is screening residents to assess eligibility for RDP housing subsidies.
He concluded, " The Council’s intervention does not encourage land invasions. At the same time, landowners must protect their properties to prevent such disputes."
