Court grants state application for firearm demonstration in Kolwapi trial

Update

PLETTENBERG BAY NEWS - The court has granted a state application for an in loco demonstration of an alleged firearm discharge in the case involving Bitou Deputy Mayor Nokuzola Kolwapi (55), who faces a charge of contravening a regulation of the Environment Conservation Act.

State prosecutor Elmari Kruger, regional court control prosecutor for the George cluster, brought the application during the proceedings on Tuesday 27 October.

Kolwapi's defence attorney, Carl Jeppe, opposed it, but presiding magistrate Stephan Lourens granted the application.

The case relates to an incident during Kolwapi's son's umgidi (traditional homecoming celebration) in Kwanokuthula, Plettenberg Bay, last December. A video circulated on social media allegedly showed Kolwapi discharging a firearm in a public space.

Jeppe argued that the demonstration, if conducted, should take place at the actual scene or in a public space under circumstances resembling those of the event, including a similar number of attendees, rather than at a shooting range as proposed by the State.

The date, venue and arrangements for the demonstration had not been confirmed in court at the time of the postponement.

Kolwapi has pleaded not guilty to the charge, which concerns a regulation under the Environment Conservation Act, 1989, and not an offence under the Firearms Control Act.

Noise regulations debated

During cross-examination, Jeppe questioned the relevance of the testimony by complainant Welcome Tshala, leader of the Non-aligned Civic Movement in Kwanokuthula, arguing that the witness was not near the scene.

He submitted that evidence about the road closure permission should instead be given by the municipal employee or individual who granted it.

Jeppe also reiterated that the case docket contained no indication that Tshala or anyone else had lodged a noise complaint.

The Western Cape Noise Control Regulations featured in the defence's arguments, with the distinction between noise nuisance and measured noise disturbance forming part of the discussion. The applicable provisions address both sound that may impair the peace and comfort of a reasonable person and sound levels exceeding specified thresholds.

A reference to a 57-decibel threshold was also raised during the proceedings.

The regulations provide for objective sound-level assessments in determining certain noise disturbances, while noise nuisance is assessed in terms of its effect on a reasonable person.

The court heard that Kolwapi had applied for permission to close the road for the celebration, anticipating that more than 80 people would attend. Jeppe argued that the permission facilitated the traditional ceremony, which included drumming and singing.

The trial was postponed to 12 November for continuation.

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Photo: Rozano Alie

Ikwezi Political Movement supporters and members rally outside Plettenberg Bay Magistrate’s Court in support of Bitou Deputy Mayor Nokuzola Kolwapi.
Photo: Rozano Alie