𝚞𝙼𝙵𝚄𝙽𝙳𝙾

Silent Zulu Nigga, Lover of a very Cold Beer. Deep Local Sounds Mixed by Ceega 🔞

[𝚞𝙼𝙵𝚄𝙽𝙳𝙾 @umlisathizeni1]

We're not done yet... 🏠

[Donda Xulu King of Torts @ZMelusiXULU1]

MaGolide Arrest: Protest, Preparation and the Law

Donda Attorneys Inc

On Saturday, 10 October 2026, KwaZulu-Natal police arrested a man they say threatened to shut down Moses Mabhida Stadium and stop the MTN8 final between Orlando Pirates and Mamelodi Sundowns. Police say he had gathered a group at King Dinuzulu Park to stage a march. Social media reports name him as activist MaGolide.

The right to protest

Section 17 of the Constitution protects peaceful, unarmed assembly. Protest loses protection when it turns violent or aims at unlawful conduct (Hotz v University of Cape Town 2017 (2) SA 485 (SCA)). Convening a gathering without notice is no longer a crime (Mlungwana v S [2018] ZACC 45), although notice remains good practice.

What the State must prove

A threat to "shut down" a stadium is not automatically an offence. Likely charges are incitement, attempted public violence or intimidation. Since EFF v Minister of Justice [2020] ZACC 25, incitement covers only serious offences, and the State must prove the words and his intent that an offence follow (S v Nkosiyana 1966 (4) SA 655 (A)). The broad section 1(1)(b) of the Intimidation Act is gone (Moyo v Minister of Police [2019] ZACC 40).

Possible defences

Preparation, not attempt. The group was reportedly at King Dinuzulu Park, well away from the stadium. No gate was blocked and the match went ahead. An attempt requires conduct beyond preparation (R v Schoombie 1945 AD 541; R v Katz 1959 (3) SA 408 (C)).

Flight is not proof of guilt. The State may use the video to argue consciousness of guilt. But people run from police out of fear or panic, whether or not they have done anything wrong. Flight does not prove the words, the intent or any step beyond preparation.

Intent and context. The State must prove the exact words, who heard them and what he meant. Reported words must be tested against the full recording.

Unlawful arrest. A warrantless arrest needs a reasonable suspicion (Duncan v Minister of Law and Order 1986 (2) SA 805 (A)), and the discretion to arrest must be exercised rationally (Minister of Safety and Security v Sekhoto 2011 (1) SACR 315 (SCA)). An arrest before any march began may be challenged.

Weak proof. Was he the convener or simply present? Was there any violence or weapon?

What the State will say

Police will say they acted early to protect a sold-out final and that the video shows he knew what he had done. A court will weigh that against the right to protest.

Our advice

Keep any gathering peaceful and unarmed, and give notice.

If arrested, give your name and address, say nothing more, and ask for a lawyer.

Keep messages and recordings that show a peaceful purpose.

Need legal assistance? Contact Donda Attorneys Inc
📞 083 380 3508 | 081 580 3149
✉️ [email protected]
📍 Durban | Melmoth | Middelburg
"He has shown you, O mortal, what is good. And what does the Lord require of you? To act justly and to love mercy and to walk humbly with your God." – Micah 6:8
This article is for general information and is not legal advice. It is based on media reports and does not assess the merits of any case.

[𝚞𝙼𝙵𝚄𝙽𝙳𝙾 @umlisathizeni1]

@MightiJamie Even the background had to be on the screen 😅😅😅😅

[Lungelo wase Mabomvini Ngwane @Lungelo69162005]

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[esokhozi🦅m.g @mluhnombela]

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[𝚞𝙼𝙵𝚄𝙽𝙳𝙾 @umlisathizeni1]

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[𝚞𝙼𝙵𝚄𝙽𝙳𝙾 @umlisathizeni1]

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[Purple Uyanda @Mizzpurple01]

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[kgadi♠️ @Kgadi_yaMoloto]

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[𝚞𝙼𝙵𝚄𝙽𝙳𝙾 @umlisathizeni1]

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[𝚞𝙼𝙵𝚄𝙽𝙳𝙾 @umlisathizeni1]

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[Manuu Media ™ @manuukenya]

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[CertifiedEcoTourismDoyenne @ms_tourist]

I was today years old when I learned that King Shaka Zulu had 2x sons, Mbuyazi and Cetshwayo. Impi Yase Ndondakusuka was between the 2 brothers. The war was brutal and that resulted in some not being buried. Their bodies turned into bones and the place was named “ Emathanjeni” … Today the place is known as EMandeni… See our history gets distorted ? Today’s history lesson was very emotional..

[𝚞𝙼𝙵𝚄𝙽𝙳𝙾 @umlisathizeni1]

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[𝚞𝙼𝙵𝚄𝙽𝙳𝙾 @umlisathizeni1]

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[Justice, Crime Prevention and Security @CrimeWatch_RSA]

[THE RECORDING OR PHOTOGRAPHING OF POLICE OFFICIALS WHILE ON-DUTY OR EXECUTING THEIR DUTIES]

There is no prohibition that prevents a private person from recording a police official while the police official is on duty or exercising any power or duty as a police official in public.

A private person is not committing an offence, albeit interference with a member, defeating or obstructing the course of justice or any other offence, merely because he or she is recording the conduct of a police official.

Arrest under these circumstances will be unlawful.

The device used by a person to make such recording or to take a photograph may not be seized, damaged or destroyed merely because a recording was made or a photograph taken of a police official. In addition, such a recording or photograph does not constitute a contravention of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) ("POPIA") and police officials cannot rely on their right to privacy to protect their identity or conduct.

[𝚞𝙼𝙵𝚄𝙽𝙳𝙾 @umlisathizeni1]

@Sifisov1 Now watch the video without the sound 😩

[𝚞𝙼𝙵𝚄𝙽𝙳𝙾 @umlisathizeni1]

@sirhadebe Hope abakumoshanga kakhulu. Stay safe 🙏