Arrested man said to be peaceful protester

Published Sep 15, 2011

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POLOKO TAU

THEMBELIHLE residents have expressed shock at the arrest of a “peaceful” resident for allegedly intimidating a local councillor following violent service delivery protests in the area.

Police said Bhayiza Miya was arrested on Tuesday after a case of intimidation was opened against him by Ward 8 councillor Janice Ndarala.

Miya told The Star last week he was “aware police were seeking to arrest me”, and he planned to hand himself over.

“I am actually accused of inciting the community when all I’ve been doing was calm them down and even asked them to give (Local Government and Housing MEC Humphrey) Mmemezi a chance to address them.

“I’ve been on local radio stations during the protests making announcements and advising motorists which routes to avoid because of barricades and stoning of cars,” Miya said then.

Police spokesman Captain Mbulaheni Netshivhodza confirmed that Miya was arrested for alleged intimidation after a case was opened by Ndarala, although he could not give any details.

Ndarala could not deny or confirm that she had opened a case against Miya when contacted by The Star.

Netshivhodza said 40 people were arrested since last week’s protests and that only 15 (including Miya) were still in custody.

“Fourteen will be appearing in court again on September 30 while (Miya) was expected to appear in court soon,” he said.

Meanwhile, residents claim Miya was arrested because he is “thought to be a community leader when he is actually not”.

“(Miya) is just one of us, a concerned resident who just happened to have been there during the protests and mostly calming down the community, and asking them to refrain from any violent acts.

“He is a peaceful man but just too concerned about Thembelihle like all of us,” said resident Elvis Pebane.

“We are aware that police have a list of people perceived to be leaders in the protests who they want to arrest. Are they saying it is wrong for the communities to take to the streets to fight for the basic rights they have been denied for a very long time?”

Miya’s brother Mzwandile has described Miya as a “non-violent man”.

“He might have been there during the protests but would not get involved in any act of violence. It is hard to imagine how he could have done whatever is alleged of him,” he said.

Another resident, Nesta Hadebe, expressed shock at Miya’s arrest, saying he was being victimised.

“(Miya) is not a community leader and did not give any instructions, but has been supportive of the community’s call for service delivery because he is also affected.

“I have been doing the same thing and wouldn’t be surprised if they come back to arrest me again for fighting for my rights with my community,” she said.

Hadebe claimed police were harassing residents after the protest.

She said she was also arrested on Friday for gathering illegally when the community was meeting to discuss issues around lack of service delivery, including electricity and houses, cited as the main reasons for the protests.

“While in jail for the whole weekend, our families were prevented from bringing us food and toiletries. It seems all this was to punish us, as we were released on Monday without appearing before court,” Hadebe said.

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