Content creator Nkululeko Maxwell Makhanya has told the Durban Magistrate’s Court that he is unemployed and can only afford bail of R1 000.
The 38-year-old appeared in the Durban Magistrate’s Court facing charges of incitement of violence and crimen injuria following his arrest on Sunday at an uMkhonto weSizwe (MK) Party election rally at Princess Magogo Stadium in KwaMashu, Durban.
During the proceedings, state prosecutor Nkululeko Msiya argued that, considering the seriousness of the matter, bail should be set at R10 000.
However, Makhanya, through his lawyer, Muzonjani Zulu, told the court that he could only afford R1 000.
Msiya argued that Makhanya is a content creator who earns money from his work and could therefore afford the proposed R10 000 bail.
He further pointed out that Makhanya pays monthly rent of R13 000 for an apartment in Midrand, Gauteng, which he said indicated that the accused had the financial means to pay a higher bail amount.
“The accused is currently unemployed, he lives with his pregnant girlfriend who can give birth anytime and he also has two children,” Zulu told the court.
The magistrate eventually set bail at R7 000. Makhanya will remain in custody until he pays the amount.
The matter was postponed to 20 January 2027 for further investigation.
Among his bail conditions, Makhanya is prohibited from directly or indirectly, whether verbally, in writing, electronically, through social media or through another person:
- Inciting, encouraging, instigating or soliciting any person to commit an act of violence, intimidation, public violence or any other criminal offence.
- Calling upon, encouraging or instigating any person to assault, threaten, intimidate, obstruct or unlawfully interfere with members of the South African Police Service (SAPS) or other law enforcement officials. This prohibition also applies to conduct at public gatherings.
Additionally, he is prohibited from using any social media platform, messaging service, podcast, livestream, public address or other communication platform to publish, distribute, endorse or communicate threats of violence against SAPS members or government officials.
He is also prohibited from using any communication platform to organise, facilitate or encourage unlawful confrontations with law enforcement officers.
