‘Phakel’Umthakathi’ Ndabandaba Taken To Court By Foreign Shop Owners Over Nongoma Protests

Foreign business owners in Nongoma, northern KwaZulu-Natal, have turned to the Pietermaritzburg High Court in an attempt to protect their businesses from alleged intimidation and unlawful interference linked to anti-illegal immigration activist Nkosikhona “Phakel’Umthakathi” Ndabandaba and seven other activists.

The applicants are seeking an interdict that would prevent the group from trespassing on their shops, interfering with business operations and threatening their employees. The matter, filed on 6 November, is expected to be heard by the court on Thursday.

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The legal action follows several weeks of videos posted by Ndabandaba showing him visiting foreign-owned shops in Nongoma and calling on their owners to shut down their businesses and return to their countries of origin.

Nongoma Foreign Shop Owners Seek Court Protection Against Phakel’Umthakathi

The application identifies 22 applicant businesses, including Farooq Blitz Trading, Ali71999 Cell and Sound, Nongoma Tasty Shawarma, Halal Fried Chicken, Nu Jabulani Traders and Supergroup of Companies. The business owners want the court to restore their possession of their premises and allow them to continue trading without interference.

Tamirat Cheba Oloro deposed to the founding affidavit, which is supported by confirmatory affidavits and annexures. The applicants are represented by Lister and Lister Attorneys.

Ndabandaba, whose full name is also recorded in the court papers as Andries Nkosikhona Ndabandaba, is cited as the first respondent. The other respondents include Pelele Thami Zungu, Phumlani Khumalo, Cebo Mnguni, Tenten Nxumalo, Bono Ntethwa, Duduzane Zulu, Mncedisi Nxumalo and the Insizwa Nobunsizwa Development Foundation.

Phakel’Umthakathi And Seven Activists Face Interdict Over Shop Disruptions

In their court application, the business owners are asking for immediate interim relief against the respondents. Among their requests is an order compelling the first nine respondents to return possession of the business premises and remove any locks, chains, shields or other obstructions preventing the owners from entering their shops.

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They also want the group prohibited from encouraging or participating in unlawful activities at their businesses or along nearby roads. The proposed interdict would further prevent the respondents from gathering at the premises, trespassing or engaging in conduct that interferes with trading.

The applicants are also seeking protection against intimidation and threats directed at them and their employees. They want the respondents barred from threatening, harming, assaulting or persuading other people to intimidate or attack workers at or near the affected businesses.

SAPS Asked To Enforce Nongoma Court Interdict If Granted

The application also involves several government and law enforcement officials, including the Acting Minister of Police, the National Commissioner of Police, the KwaZulu-Natal Police Commissioner and the Nongoma Station Commissioner. The Sheriff of the High Court in Nongoma is also cited in the proceedings.

The applicants want the South African Police Service (SAPS) to take reasonable steps to enforce the court's orders should the interdict be granted and the respondents fail to comply. Their request includes deploying police officers from other parts of the country if necessary to assist with enforcement and prevent further unlawful activities.

The shop owners are therefore seeking both the restoration of access to their businesses and protection against further alleged interference. Ndabandaba and the other activists intend to oppose the application, meaning the court will have to consider the competing positions before making a determination.