Businessman Jailed 20 Years for Social Media Threats and Intimidation

A Durban man who threatened judicial officials and law enforcement officers with violence, death, and bloodshed through social media was sentenced to 20 years’ imprisonment in the Durban Regional Court on Tuesday, according to court records. Avinash Ramkistan, 40, of Glen Ashley, was arrested and charged in March 2024 with multiple counts of intimidation, crimen injuria, contravention of the National Prosecuting Authority (NPA) Act, and contravention of the Cybercrimes Act 19 of 2020.

Digital Harassment and Court Applications Dismissed

The State, represented by prosecutor Vaneshree Moodley, alleged during the trial that Ramkistan owned an insurance company and used emails, voice recordings, and Facebook posts to target an acting high court judge, prosecutors, and police officers. According to court testimony, acting high court judge Nomusa Khuzwayo stated she felt insulted, embarrassed, and fearful after Ramkistan accused her of being fake, slandered her online, and threatened violence following her dismissal of two of his court applications.

Sustained Campaign Against Public Officials

Ramkistan represented himself during the trial and pleaded not guilty, but was found guilty on all counts in May. In handing down the sentence on Monday, the magistrate noted that the offences were not isolated incidents. According to the magistrate, the actions formed part of a sustained campaign of threats, insults, humiliation, and intimidation directed at officials entrusted with the administration of justice on behalf of the people of South Africa. The evidence established that complainants were targeted while performing their duties, including an acting judge whose decisions were reported on the Southern African Legal Information Institute (SAFLII).

Social Media Amplification and Legal Boundaries

The magistrate highlighted that Ramkistan’s conduct extended beyond private communication by utilizing social media to amplify the humiliation of the complainants and undermine public confidence in the judiciary. The court noted that while members of society are entitled to challenge decisions of public officials, they must do so through proper channels rather than through threats and intimidation aimed at compelling officials to act contrary to their legal obligations, such as demanding a nolle prosequi certificate.

Sentencing Breakdown and Personal Circumstances

The court took Ramkistan’s personal circumstances into consideration, noting he was 39 years old when charged, had no previous convictions, and had spent about two years in custody awaiting the finalization of the case. However, the magistrate stated that Ramkistan did not show genuine remorse, as his apologies during cross-examination were disputed and he elected not to testify to acknowledge the criminality of his actions. Ramkistan received 10 years for 11 counts of intimidation, five years for four counts of crimen injuria, eight years for four counts of contravention of the Cybercrimes Act, and three years for contravention of the NPA Act. Certain sentences will run concurrently with the intimidation sentence.

Frequently Asked Questions

What specific charges did Avinash Ramkistan face?

According to court records, Ramkistan faced charges of intimidation, crimen injuria, contravention of the National Prosecuting Authority Act, and contravention of the Cybercrimes Act.

What was the total prison sentence handed down by the Durban Regional Court?

Ramkistan was sentenced to a total of 20 years’ imprisonment, with certain sentences running concurrently.

How did the accused respond to the court’s ruling?

Ramkistan stated that he intended to apply for a review of both the conviction and sentence ruling, and for leave to appeal.