Kessie Nair claims officials involved in his k-word case 'are trying to please Ramaphosa'
9 October 2018
Kessie Nair has accused officials dealing with his racism case of trying to please President Cyril Ramaphosa in order to advance their careers.
Nair, a former Durban councillor and convicted fraudster, was charged with six counts of crimen injuria and two of incitement of public violence after he posted a video on Facebook calling Ramaphosa the k-word.
He was appearing at the Verulam Magistrate's Court on Tuesday.
"I'm fully aware that because count 2 refers to the president, every person dealing with this matter, from the police officers, prosecutors and others, [is] intent on pleasing the president in order to enhance their individual careers," said Nair in an affidavit.
He was responding to the affidavit opposing bail by investigating officer Warrant Officer Ajay Lutchman.
During Nair's previous appearance, Lutchman said Nair might attempt to intimidate or influence communities against each other if he was released on bail.
Charges 'silly'
He also said Nair's release would undermine public order and "might lead to public disorder".
"If Lutchman is correct and I plead guilty next week, and I'm sentenced to life imprisonment, I will be granted medical parole almost immediately as I am in worse condition than Schabir Shaik. So all this drama for anticipatory punishment is full of sound and fury signifying nothing," he said in the affidavit read out in court by his lawyer, Chris Gounden.
Gounden also distributed the affidavit to members of the media who were present in court.
Nair previously told the court he had a major heart attack in 2016 and that his heart now only operated at 29%. He said he was on chronic medication and was on a heart transplant list.
He said Lutchman's submissions were ridiculous and absurd. There was no likelihood that he would evade trial because the charges against him were "silly and certainly not of a serious nature".
The nature and gravity of punishment were for a court to decide, he said.
Threat of a multimillion-rand claim
"In the hierarchy of offences, crimen injuria is equivalent to urinating in public and will not attract life imprisonment or the death penalty," said Nair.
He also threatened to sue "all the role players in this drama" should psychiatrists at Fort Napier Hospital find that he has no mental illness.
"This determination will be the foundation of a multimillion-rand claim against the prosecutor, Lutchman, Dr Bhagwandeen and others," he said.
Dr Shikar Bhagwandeen is the district surgeon who suggested that Nair be sent for mental observation for 28 days at Fort Napier Hospital after he examined him.
In a report, Bhagwandeen said Nair showed no signs of mental illness but was delusional.
"I intend to report Dr Bhagwandeen to the [Health Professions Council of South Africa] as he contradicts his own finding by suggesting that I be sent for observation for 28 days at Fort Napier," he said.
Request for postponement
He asked the court to release him on bail with a condition that he obtains a psychiatrist's report within seven days.
"The matter can be postponed for seven days. I will use my medical aid to obtain the report from a qualified psychiatrist who is a member of the health professions council. Such a psychiatrist is unlikely to jeopardise his professional standing by furnishing a false report," he said.
Nair suggested that if he failed to furnish the report within the stated period, Lutchman could then apply for revocation of bail.
Nair once again used a short adjournment to address the media.
When asked what he would say to Ramaphosa if he had a chance to speak to him face to face, Nair said: "I'll clearly indicate to him that I'm not for self-enrichment, I'm not for fame and glory, I'm just out here for generations to come that this land can achieve unity, harmony and peace (sic)."
Nair said Ramaphosa should "feel free" to go through his timeline on his Facebook account "where there are various other recordings of myself".
'Ramaphosa has enriched himself'
"They will clearly indicate I'm not a man of violence, I'll not instigate violence, I'm a man of peace. Through my journeys and experiences in life I've got to a realisation that there's always a solution to a challenge that faces a nation and that solution has not been visited because we are in a divide and rule system. It's got nothing to do with black, white, green, yellow or what have you.
"We are in a divided society, a system that's dividing us where 3% of the world population owns 97% of global wealth. Mr Cyril Ramaphosa is a clear indication of that. He has enriched himself in a personal capacity. Good luck to him. But what has come about is that he is now a state president where he fully would not understand or empathise with the poorest of the poor, those that are actually oppressed.
"What we are saying is let us sit together. You cannot resolve crime by fighting crime. [That] is like putting fire over fire, it's water over fire that'll extinguish it. So if you exclude the one most important component, and that's the criminal world itself because it's the root that holds the plant above the ground, [you won't succeed]," said Nair.
He said, according to his own understanding, Ramaphosa was not a complainant in this matter.
"The state president must issue a complaint against me or a charge against me in relation to the video," he said.
It was still not clear whether Ramaphosa had filed a statement in the matter.
The case continues.
