IN PICS | Jacinta Ngobese-Zuma in court as state asks for protests to be halted - TimesLIVE

A Durban high court judge has asked why police have not arrested men armed with sticks who marched through Durban in recent weeks.

Judge Peter Olsen was listening to arguments in the urgent high court interdict being sought by police minister Firoz Cachalia and KwaZulu-Natal provincial commissioner Lt-Gen Nhlanhla Mkhwanazi against March and March, its founder Jacinta Ngobese-Zuma, her husband Xolani and other respondents after weeks of tension around the home affairs refugee reception centre on Che Guevara Road.

The urgency they claim is based on intelligence of an alleged threat to burn down the centre, alongside fears of retaliation after the killing of a foreign national in the Durban CBD last week.

The application seeks to stop March and March from ongoing protests, associated violence, intimidation, arson, damage to property and the blocking of access to buildings for at least two weeks.

Representing the police, advocate Nalini Govender said it wasn’t the state’s intention to stifle the constitutional right to protest, but rather to preserve law and order and critical infrastructure and prevent further violence and attacks.

She said police are “stretched” and, due to the local government elections set for November 4, are unable to control the unlawful gatherings and ongoing violence.

“Police simply can’t absorb another week of this wanton violence,” she said.

Olsen questioned why police — who were mandated to act against illegal activity — were unable to stop men carrying sticks when they marched in Durban. He said these were considered weapons, which were not allowed in a gathering, and asked why police didn’t arrest them.

Govender said police were unable to control the crowds or arrest the armed men because the men formed splinter groups and started demonstrations elsewhere.

She said the state had submitted photographs, which showed Ngobese-Zuma “postulating” with armed men in masks before a protest in Durban last week.

She said despite efforts by a Col Lushaba to negotiate with Ngobese-Zuma, she refused to back down and continued with marches.

“There is irrefutable proof that a causal link is well established between the second respondent [Ngobese-Zuma] and the men in masks and brandishing weapons,” she said.

Govender said the state was asking for a temporary order stopping March and March and the rest of the convenors from holding protests for two weeks.

Olsen asked Govender what the state was asking for in final relief, and she responded that she would have to take further instructions.

Advocate Sandile Kuboni, acting on behalf of the respondents, agreed with Olsen, saying they could not respond to the state’s final relief if it were not listed.

The matter was adjourned for Govender to take further instructions.

March and March Movement founder Jacinta Ngobese-Zuma, her husband Xolani Zuma and the organisation's supporters were in the Durban High Court on Friday. March and March Movement founder Jacinta Ngobese-Zuma, her husband Xolani Zuma and the organisation's supporters were in the Durban High Court on Friday. Supporters of March and March outside the Durban court building on Friday. March and March supporters were in the Durban High Court on Friday. Jacintha and Xolani Zuma appear at court in Durban, KwaZulu-Natal, on October 30, 2026, where the Minister of Police is seeking a court interdict to stop the March and March movement from holding further protests over the next two weeks. Photo: SANDILE NDLOVU