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Convicted: Avinash Ramkistan guilty of threatening judge and prosecutors

Crimen injuria

Yoshini Perumal|Published

Avinash Ramkistan went on a rampage intimidating and threatening the national Director of Public Prosecutions Shamila Batohi, a judge, prosecutors and police with “death” and “bloodshed” after he lost a court case.

Image: Picture: Supplied

A DURBAN man who made violent threats against a judge and prosecutors following a civil court case, has been convicted of multiple charges, including intimidation and crimen injuria.

Avinash Ramkistan, 39, of Glen Ashley in Durban North, was arrested and charged with several counts of intimidation, crimen injuria, contravention of the National Prosecuting Authority (NPA) Act and contravention of the Cybercrimes Act in April last year.  

He was found guilty on all charges in the Durban Regional Court, last week.

During his bail application last year, the investigating officer, Detective Warrant Officer Sivan Naidoo of the Hawks led evidence that the threats stemmed from a civil matter after the Financial Sector Conduct Authority disbarred Ramkistan, who had worked in the insurance industry, for a period of 10 years because his underwriters were liquidated.

He said Ramkistan then proceeded with civil action in the Durban High Court against the authority and Standard Bank.

After an acting judge presiding over the case dismissed the matter against the authority and the bank with costs, Ramkistan opened a fraud and corruption case against the acting judge.

Naidoo said Ramkistan then started making verbal threats against the prosecutors and the previous investigating officers through emails and voice recordings.

During his trial, the State played a voice recording where he could be heard making death threats towards a prosecutor. 

It is alleged that Ramkistan recorded the conversation and then posted it on his Facebook page.  

He allegedly went on a rampage, intimidating and threatening the former national Director of Public Prosecutions Shamila Batohi, a judge, prosecutors and police after he lost the case.

He was arrested in March 2024.

Evidence

In audio recordings, Ramkistan could be heard saying “You, advocate Mthembu and Val Melis are going to be taken by force. Do you understand me? You must might as well try and get a protection order that is not going to help you.

“You understand what is coming your way. I make myself clear sir. You know what you have done. You know what you were doing and you know what’s gonna come to you.

“Understand that you can go lay criminal charges, whatever you want to. There is already criminal charges loaded on my side. It is my right to arrest anybody without a warrant, for your information, by force. Do you understand what’s going to happen to you sir?

“You guys are f ** with the wrong person. Now y’all are going to f ** see your a *** . Do you understand. Y’all are gonna f *** die. I am gonna shed blood for this. There is over a f *** R100 million due to me you * and you send me a * letter like this.

“Who the f** told y’all to do s* like this? I am gonna come there and wipe all your m **** out. I am not scared of no one even the police know what’s my rights. It is my right to come take you by force. You can play this recording for everybody. The public needs to hear all the f ** b**s** that y’all get up to.

“Your department is the most useless f ** department. Y’all want to get back to me get your f ** boss Shamila Batohi to contact me okay. Until then understand that one of these days I am coming to take all your m ** f *** by force. We gonna see who is going to protect you.

“Do I make myself clear Mr DamaKhule, are you even South African? ...huh .... a *** . I am talking to you. Are you even a South African citizen? You not. Don’t worry my friend keep quiet, you must keep quiet when there is a f *** gun to your head you understand. I will come see you personally …” (sic).

The recording formed part of the evidence and was played in court.

Ramkistan has remained in police custody since his arrest in 2024.

Throughout his court appearances and trial, he elected to represent himself.

His sentencing is expected next month.

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