Cabbage Bandit Wins Pavement Garden Battle – Charges Dropped by State

My case is nolle prosequi.

On 17/11/2021, I received a letter from the Acting Director for Municipal Courts Prosecution notifying me about the withdrawal of the case. This was after I submitted my representations on 28/09/2021. Therein are argued that there was no case against me. That I did not break any municipal bylaws by planting cabbage and onions rather than grass and roses. I argued that the municipal amenities bylaw that was cited on my R1500 fine was desperate and irrelevant as there was no such a public amenity at the corner of my property. My house is not a public amenity. I decried the blatant abuse of power by the TMPD, specifically commander Elvis Ndlovu. The prosecutors agree. No case.

The cabbage saga was an unfortunate event that left a deep traumatic impact on myself and my family, physically, emotionally and spiritually. The relentless show of undue force by the TMPD and the fervent attempt to vilify me in the media all had their toil on us. The malicious actions by Mr Elvis Ndlovu and his team and the misinformation and defamatory campaign by Mr Jordan Griffith and Mr Isaac Mahamba were painful. I am a patriot and a law abiding citizen. The failed attempt by the TMPD and the City Of Tshwane’s Mayoral Office to portray me as rascal and a hooligan is unfortunate and hurting. A Spokesperson must always speak from an informed position, with fairness, truthfulness and candour.

Section 195 of our Constitution defines and prescribes the values and principles that public servants must apply when doing their job. In my case, the public servants chose to suspend that area of the law by acting ultra vires. They harassed, victimised, defamed and abused my family. What if I did not have access to good legal representation? What if I buckled under such tremendous intimidation and paid the unlawful fine? I would be having a unlawful criminal record for a lawful act. Many powerless and innocent citizens suffer like I did without any legal recourse. Abuse of government administrative power is the ultimate violation of the rights and freedoms of citizens. I do not advocate for people to break the law. No. But as citizens and patriots, we must guard against unbridled abuse of state power and resources by those that we entrust them with such powers.

I do not wish to fight to the death. I could sue, raise a massive dust storm and get paid. But that is not me. I hope that lessons were learned from this saga by all the parties. I hope that a new approach be adopted by the TMPD and the City of Tshwane where citizens are approached cordially and humanly in the spirit bathopele. I hope there is a rethink and a new way of how we can harness public urban spaces to fight hunger.

My patriotas, once again thank you for the loud support. Without your vigilance, I would have been a certified cabbage criminal. Lynched, with a criminal record to prove. To my lawyer, Adv Puseletso Loselo (Loftus Chambers), I say thank you for the fantastic pro bono work. I am forever grateful. Power and bread to the People!

Cabbage Bandit.