High Court orders talks as foreign businesses locked in Nongoma - IOL
Nkosikhona Ndabandaba in the Pietermaritzburg High Court, where a judge held off on a final ruling regarding foreign business owners in Nongoma who have been locked out of their shops.
The Pietermaritzburg High Court has directed the parties involved in a case over 22 locked shops in Nongoma to try to reach an agreement.
Judge Nirghin ordered the settlement talks ahead of the November 23 return date.
The hearing on Thursday had already been delayed after the first respondent, cultural activist, actor, and anti-illegal immigration campaigner Nkosikhona Phakelβumthakathi Ndabandaba, appeared in court without a lawyer and without an interpreter. Ndabandaba was representing himself. The court paused proceedings so that he could follow the case in a language he understands.
In the papers before the court, the shop owners say their shops were closed and locked; they are asking the court to order that the shops be handed back, that the locks be removed, and that no one be allowed to enter the shops, gather outside them, or threaten staff.
The evidence already before the court includes a main sworn statement by Tamirat Cheba Oloro and 22 further sworn statements, one from each affected business. Each statement sets out what that business says happened to its shop. There is also one supporting sworn statement from Sibusile Lethokuhle Bhengu, who is not a shop owner.
Attached to the main sworn statement are nine photos said to show injuries, including one of a worker with a broken leg, one photo of a damaged vehicle, and two stills taken from video said to show shops being closed, with Ndabandaba in the frame.
Others named in the order sought are Andries Nkosikhona Ndabandaba, Pelele Thami Zungu, Phumlani Khumalo, Cebo Mnguni, Tenten Nxumalo, Bono Ntethwa, Duduzane Zulu, Mncedisi Nxumalo and the Insizwa Nobunsizwa Development Foundation. If the court grants the order, it would apply to all nine.
Ndabandaba told the court that the community in the town had agreed that foreign-owned shops should close. He said owners were told beforehand and agreed to stop trading until their legal status was checked.
The shop owners disagree. They say they did not agree and were forced out.
After the court appearance, Ndabandaba defended his actions and said his position is driven by a desire to protect South Africaβs local economy, not hatred towards foreign nationals.
He said he wants an opportunity to engage with foreign business owners and the local community to find a way forward. He maintains that businesses must comply with South African laws and have the correct documentation to operate.
He also rejected any suggestion that the dispute could result in violence, calling on foreign business owners to respect local laws and community concerns.
