He was arrested on the 27th of August and ordered to leave the colony, but recorded the border and was sentenced to three months of hard labour. Rustomjee described himself in the Court at Volksrust as a general merchant in Natal, where he was a considerable property owner with large business interests throughout South Africa. He also considered himself to have vested rights as a pre-war resident of the Transvaal. Unusually for a South African-Indian he was a Parliamentary voter registered in Natal. He said he initially arrived in the Transvaal in 1893 and owned three properties there which had been expropriated by the Johannesburg municipality in 1904. His financial affairs in the Transvaal had then been conducted by Gandhi. Owing to his Parsi ethnicity he was exempt from the registration certificates required by the Dutch government and he had been exempted from the necessity of taking a registration certificate under the Dutch government. On 11 February 1909, he was sentenced to sixth months of hard labour for refusing to give his thumbprints and sentenced again on 11 August 1909, to six months of hard labour. Gandhi visited him in prison in December 1909 and gravely reported that Rustomjee health was weakening. He walked about with an eye-shade, his sight being affected, he complained of side ache and constitutional disease. In prison Rustomjee lost over seventy lbs. Rustomjee visited Durban in February 1910 to recuperate from his illness. He was greeted by some five hundred people at Durban station and more as he returned home. At his premises on Field Street, he gave a rousing speech arguing the honour of India was threatened. Despite his stay in Transvaal prisons, Rustomjee insisted on joining a group of resisters from the Phoenix Settlement (to which he had been a major financial benefactor). This included Kasturba Gandhi, who had started the third phase of the satyagraha on 15 September 1913. The fifteen satyagrahis crossed the border at Transvaal and were sentenced on 23 September to three months with hard labour. Rustomjee suffered great persecution during his imprisonment at the Pietermaritzburg jail. He was deprived of his Zoroastrian girdle (kushti) and undershirt (sedreh). Rustomjee went on a hunger strike until these were restored back to his possession. He was eventually given back his girdle and undershirt after protests in both India and South Africa. Rustomjee was also moved to Durban prison where he was assaulted twice by 'native' warders.