The cellphones belonging to TikTok personality Nkululeko Maxwell “Max” Makhanya remain part of an ongoing police investigation following his arrest over a controversial social media video targeting KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi.

Makhanya, 38, was released on R7,000 bail by the Durban Magistrate’s Court on Monday, 2 November 2026, after appearing on charges of crimen injuria and incitement to commit violence.

Although he has been released from custody, the investigation into the allegations against him is continuing, with the contents of his electronic devices potentially forming part of the evidence being examined by investigators.

Makhanya said he will be taking a break from socials since the cellphone investigation is significant because the allegations centre on material allegedly published and circulated through social media.

The case originated from a TikTok video in which Makhanya allegedly directed insulting remarks at Mkhwanazi and questioned the police leadership’s response to alleged violations of residents’ constitutional rights in eThekwini.

In the video, Makhanya questioned why Mkhwanazi remained silent while people were allegedly having their rights violated, raising concerns about whether authorities were waiting for someone to lose their life before intervening.

The video attracted the attention of the KwaZulu-Natal Provincial Task Team, which opened a criminal investigation after identifying alleged elements of crimen injuria and incitement to commit violence.

According to KwaZulu-Natal police spokesperson Colonel Robert Netshiunda, Makhanya was traced and arrested on Sunday afternoon, 1 November, at Princess Magogo Stadium in KwaMashu.

He was attending the uMkhonto weSizwe (MK) Party’s final election rally ahead of the local government elections when police apprehended him.

He was subsequently detained at Greenwood Park Police Station before appearing in court the following day.

During the bail proceedings, senior prosecutor Nkululeko Msiya informed the court that the State was not opposing bail because the charges fell under Schedule 1 offences.

However, the prosecution requested that bail be set at R10,000, citing Makhanya’s alleged monthly rental commitment for accommodation in Midrand, Gauteng and earnings from TikTok.

His lawyer, Advocate Mzonjani Zulu, disputed the State’s assessment of his financial circumstances, telling the court that his client was unemployed and actively looking for work.

Makhanya explained that his family home was in Mbumbulu, KwaZulu-Natal, but that he had been staying in Gauteng while pursuing temporary employment opportunities.

Magistrate Ashwin Singh eventually granted him R7,000 bail, subject to strict conditions.

Among the conditions, Makhanya is prohibited from directly or indirectly encouraging violence, intimidation or criminal conduct. He is also prohibited from encouraging the assault, abuse or threats against police officers, their families or government employees.

The magistrate reprimanded him after he appeared to laugh during court proceedings, reminding him that the charges he faces are serious and warning him against disregarding the court process.

Following his release, Makhanya publicly apologised to Mkhwanazi, the police and the people of South Africa.

He said he had attempted to prevent the controversial video from circulating widely and had even confronted people who shared it.

“I made attempts for the video to not go viral. I even fought with the people that posted the video. I would like to apologise to Mkhwanazi, and the whole of South Africa,” he said.

His case has been postponed to 20 January 2027 for further proceedings.