WATCH | Traders seek court protection against Phakel’umthakathi

A legal battle between 22 foreign-owned businesses in Nongoma and anti-illegal immigration campaigner Nkosikhona “Phakel’umthakathi” Ndabandaba is set to continue in the Pietermaritzburg High Court on November 23, when both parties are expected to present arguments on whether the businesses should be allowed to resume operations or Ndabandaba should be permitted to continue his activities.

The traders have approached the court seeking an urgent interdict against Ndabandaba and eight others, alleging intimidation, threats and interference with their businesses after their shops were locked and prevented from operating.

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In their application, filed on November 6, the businesses want the respondents ordered to restore possession of their premises and remove locks, chains and other obstructions preventing them from trading.

They are also seeking an order prohibiting the respondents from trespassing on the premises, gathering at or near the shops, and threatening, intimidating or assaulting their employees.

The application further seeks to prevent the respondents from encouraging or participating in unlawful activities at the business premises and surrounding roads.

However, Ndabandaba, who addressed the media outside the Pietermaritzburg High Court on Thursday, disputed the traders’ version of events, insisting that the campaign was not about closing businesses unlawfully but about ensuring that foreign nationals operating in Nongoma comply with immigration requirements.

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He claimed that an agreement had been reached at a meeting on October 14, attended by Home Affairs, immigration officials and local economic development representatives, for the affected businesses to suspend operations while their documentation was verified.

Ndabandaba alleged that the business owners had failed to honour the agreement and instead intimidated local residents.

“We had an agreement with them on the 14th of October to say they must halt their operations pending the verification of their documents by Home Affairs, which was present in that meeting,” he said.

He claimed that community members subsequently gathered to protect residents and their town.

Ndabandaba also raised concerns about the employment of local people in foreign-owned businesses, alleging that some workers had been employed for more than 15 years without being given opportunities to independently operate businesses or develop their skills.

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He further questioned the number of foreign nationals allegedly working and living in some of the shops, claiming that several people would be present at the premises but only one person would produce documentation when immigration officials conducted inspections.

He insisted that the verification of immigration documents should be conducted by Home Affairs and not by community members.

“Get everyone out of the shop. Verify that person, not by us, by Home Affairs,” he said.

Ndabandaba maintained that his actions were aimed at protecting local communities and should be conducted within the law.

“We as men of South Africa, before the police come, before the soldiers come, before the leaders come, we are the government, we are the police, we are soldiers. We have to look after this country and we have to do all that within the ambit of the law,” he said.

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The applicants are represented by Pietermaritzburg-based Lister and Lister Attorneys. Their founding affidavit was deposed to by Tamirat Cheba Oloro, supported by confirmatory affidavits from the applicants.

Ndabandaba is cited as the first respondent, alongside eight others, including the Insizwa Nobunsizwa Development Foundation.

The Acting Minister of Police, National Commissioner of SAPS, KwaZulu-Natal Provincial Commissioner, Nongoma Station Commissioner and Sheriff of the High Court in Nongoma are also cited in the proceedings.

The matter will return to the Pietermaritzburg High Court on November 23, when submissions from both parties will be heard before the court determines whether to grant an order in favour of the businesses or the respondents.