By Ndimphiwe Mpongoma and Thato Tsheole
Questions have emerged over a R97,500 legal invoice issued to the Rhodes University Student Representative Council (SRC) following the arrest of 13 students during protests on 2 October 2026.
The SRC has defended its decision to launch a R90,000 BackaBuddy fundraising campaign to help cover the legal costs associated with the arrests.
However, questions remain about the services billed, the amount charged and the difference between the invoice and the fundraising target.
The invoice, dated 7 October, lists R90,000 for two days of legal services and an additional R7,500 for file opening, consultations and petrol costs.
It also lists bail, court appearance and negotiations for the withdrawal of charges. However, it does not provide a separate breakdown of the fees for each service.
The South African Police Service (SAPS) confirmed that the students were released on warning on the day of their arrest. Police also confirmed that the case was not enrolled at the Makhanda Magistrate’s Court.
SRC Defends Fundraising Campaign
The SRC says the fundraising campaign aims to prevent the arrested students and their families from carrying the financial burden of legal representation.
According to the council, the campaign followed its receipt of an invoice for legal services relating to the 13 students.
The SRC said expecting the students and their parents to pay R90,000 themselves would place considerable financial pressure on their families.
The council maintains that Makatse Attorneys assisted the students following their arrests. It says the firm engaged with police officials in efforts to secure their release.
The SRC also referred to engagements involving the investigating officer, the Joza police station commander and a Rhodes University staff delegation.
Although the students were released on warning, the council maintains that legal work had already been undertaken on their behalf.
The SRC has also expressed concern about conflicting accounts of who assisted the students during the process.
It said the focus should remain on supporting the students rather than disputes over recognition for the legal work performed.
Dispute Over Legal Representation
Questions have also emerged about the respective roles of the attorneys involved in the matter.
Attorney Mfundo Ntshwaxa of Ntshwaxa Attorneys Inc. has reportedly maintained that he and other legal practitioners assisted the students without charging fees.
The legal assistance reportedly included engaging with police and advising students following their arrests.
However, the SRC disputes Ntshwaxa’s account of his involvement. The council says he was not instructed by the SRC and maintains that Makatse Attorneys handled the legal work for which it is raising funds.
The competing accounts have not been independently resolved.
The fact that one attorney may have provided assistance without charge does not automatically establish whether another firm was separately instructed or performed additional work.
Clarification is still needed on which attorneys provided specific services, what those services involved and how the fees reflected in the invoice were calculated.
SAPS Confirms Students Were Released on Warning
SAPS Captain Marius McCarthy confirmed that the 13 students were arrested on 2 October and released on warning on the same day.
The students were expected to appear at the Makhanda Magistrate’s Court. However, the matter was not enrolled on the scheduled date.
McCarthy said the docket was returned to police with instructions for further investigation.
Police will resubmit the docket to the National Prosecuting Authority (NPA) once the outstanding investigations have been completed.
The NPA will then decide whether to prosecute.
SAPS also confirmed that the students were not required to pay bail to secure their release.
The fact that the matter was not enrolled does not mean the charges were dismissed or withdrawn. The investigation remains ongoing.
No Court Record Identifies Legal Representatives
Information obtained from the court indicates that the matter had not been enrolled and that no charge sheet had been created for the proceedings.
As a result, no court appearance record was available to establish which attorney appeared for the students before a magistrate.
However, the absence of a court record does not establish that no legal work was performed.
Attorneys may conduct consultations, prepare for possible bail proceedings or engage with police before a matter reaches court.
It is therefore important to establish which services were provided and how they relate to the invoice.
The NPA declined to comment on the substance of the unenrolled matter, citing concerns about the potential impact on the investigation.
NPA spokesperson Luxolo Tyali also indicated that the authority does not maintain records of the legal practitioners representing accused persons in such matters.
The competing accounts of legal representation therefore remain unresolved.
Questions Remain Over R97,500 Invoice
The invoice issued to the SRC lists R90,000 for two days of legal services and R7,500 for file opening, consultations and petrol costs.
The inclusion of bail and court appearance services has prompted questions about what work was performed, given that the students were released without paying bail and their case was not enrolled.
However, the available information does not establish that the attorneys failed to provide the services listed on the invoice.
The fundraising target has also raised questions because it stands at R90,000, while the invoice totals R97,500.
It remains unclear whether the additional R7,500 will be covered separately or whether the campaign target will be adjusted.
Makatse Attorneys was approached for clarification about the invoice, the services provided and the fees charged.
Mzukisi Makatse initially referred questions to a member of a Rhodes University staff delegation that assisted the students following their arrests. However, the referral did not resolve the questions about the firm’s billing.
During a subsequent WhatsApp call on Wednesday, 21 October, Makatse was asked to clarify why the questions had been referred to another person.
He asked whether the SRC had been approached. After the reporter confirmed that it had, Makatse said he was preparing to attend a court matter and told the reporter to leave him alone.
The law firm had not provided a substantive response to the questions about the invoice by the time of publication.
The SRC maintains that its fundraising campaign aims to protect the students and their families from the financial burden of legal representation.
However, questions remain about the breakdown of the fees, the legal work performed and the difference between the invoice and the fundraising target.
With the investigation still ongoing, the students’ legal position remains unresolved.
