Thulisile Mapongwana
The defense closed its case in Ntombiyakhe Kwinana’s bail application on Wednesday after leading three witnesses in the East London Magistrate’s Court.
The 61-year-old former SAA board member faces charges of malicious damage to property and extortion after allegedly demolishing 15 houses on her family’s illegally occupied farm.
Kwinana allegedly demolished the homes after residents failed to pay R1000 rent to avoid eviction.
She told the court she negotiated the rental agreement after obtaining an eviction order in 2020, which the sheriff later informed her would cost R1.6 million to enforce.
The National Prosecuting Authority (NPA) is opposing bail, arguing that Kwinana is a danger to the community and accusing her of using armed security guards to intimidate residents during the demolitions.
Dramatic Arrest and Bail Request
Kwinana was arrested on 17 March at her Blue Valley Estate home, which she shares with her husband and two children.
She testified that she was "surprised" by the manner of her arrest, saying she was “literally snatched” by about 15 heavily armed officers wearing balaclavas.
“I thought I was being kidnapped,” she told the court. “They said they were taking a statement, but to my surprise, they filled the house with armed men.” She also claimed she was manhandled and showed the court bruises on her arms.
Kwinana declared that she had no previous convictions. However, she has a pending fraud case in Palm Ridge related to failure to disclose a conflict of interest in an SAA tender. She is currently out on R20 000 bail in that matter.
She insisted that she is not a flight risk, as her passport is with the NPA, and argued that the charges against her are “frivolous” and will not hold in court.
“I am out on bail and I haven’t breached any conditions and I am a law-abiding citizen,” Kwinana said.
Defense Argues Evictions Were Legal
Kwinana’s instructing attorney, Lindelwa Mbanjwa, also testified and argued that she had a valid 2020 eviction order, which had never been set aside.
Mbanjwa said, as proof, they were part of a WhatsApp group where engagements were held to find an alternative, and they paid R1,000 rent to remain. She also told the court that her family owed R70 000 in municipal rates.
Defense witness Nonkosazana Mpafa, a “Rockville," resident on the farm, supported Kwinana’s claims.
She testified that some residents agreed to pay rent voluntarily to help cover municipal costs, denying the extortion allegations.
“When we talked to the community, they were made to understand that rates had gone up and we needed assistance, we then agreed on the amounts, I don’t know how the extortion will be proved,” she said.
State Witnesses Detail Alleged Intimidation
However, the state’s first witness, investigating officer Simangaliso Mokhumo, painted a different picture.
She testified that Kwinana regularly arrived with armed security guards wearing "Gabs Security" uniforms and carrying rifles.
“The security stood by the gate so the owners could not interfere with the demolition,” Mokhumo said. “Kwinana used guns for intimidation.”
Mokhumo also told the court that some residents’ belongings were handled roughly and that one family lost two vehicles in the demolitions.
Another family, which owed R5 300 in rent, allegedly had their house torn down without police presence—only Kwinana, a TLB machine, and armed men were there.
Among those evicted was a pensioner and a mother of five kids who now lives in a one-room.
The NPA’s Luxolo Tyali reiterated the state’s opposition to bail.
"Releasing her on bail, knowing how the community is allegedly scared of her, would be a problem,” Tyali said. He also noted that some residents had received threatening calls after speaking to police.
Because the charges fall under a Schedule 5 offense, Kwinana must prove exceptional circumstances for bail. She stated her intent to prove herself not guilty.
The bail application will continue on Thursday.
