The Verulam Magistrate’s Court has heard that Durban businessman Kessie Nair had a mental condition while he was serving a prison sentence for fraud in 2005.
Nair now faces seven counts of crimen injuria and two other charges related to the Riotous Assemblies Act.
Nair made headlines when he posted a video of himself on social networks, using the derogatory K-word to describe President Cyril Ramaphosa. He is now applying for bail in this matter.
The former eThekwini councilor who posted a video of himself on social networks, calling President Cyril Ramaphosa the derogatory K-word, will know the outcome of his bail application on Tuesday.
Kessie Nair appeared disappointed when his younger brother, Krishnan testified against him in the bail application.
Krishan Nair told the court that his brother is insane and should get medical assistance.
The State wants Kessie Nair to be sent to Fort Napier Psychiatric Hospital for evaluation. In his testimony Krishnan Nair told the court that the family is concerned about his brother’s mental state.
“He seriously needs medical attention. We are concerned about him. We believe he that sending him to a mental institution will assist.”
Krishnan says the Nair family distances itself from the statements by Nair. Nair faces seven counts of crimen injuria and two other charges related to Riotous Assemblies Act.
“We still distance ourselves from the statement. We are against it. We are not responsible for what he has said.”
Kessie Nair’s attorney, Chris Gounden, says his client is sane and that he should be granted bail. Gounden pointed out that his client is on a heart-donor waiting list and that the should be allowed to see a psychiatrist as an outpatient.
The defence argued that the fraud conviction should not be taken into account in this case, because the charges differ.
Testifying in court, Kessie Nair likened President Cyril Ramaphosa to American President Donald Trump who enriched himself and has forgotten about the many poor people.
“Cyril has enriched himself at a point in time. In 1990 he was told to go to Oppenheimers to bid for the nation and he didn’t do it. He got on to the Board of directors at MTN. When you look at his life style he had enriched himself so much so as a sitting President. We have 93% of people oppressed. If this democracy?” Nair asked.
It is expected that the court will give its ruling in the bail application on Tuesday.
