Lawyers for a Durban University of Technology Student accused of using a slingshot during recent #FeesMustFall protests are set to argue in the Constitutional Court in Johannesburg on Wednesday that the decision to refuse him bail was unconstitutional.
Bonginkosi Khanyile, who was arrested during running battles with police on September 27, has been charged with incitement to commit public violence, illegal gathering, possession of explosives and dangerous weapons, obstructing traffic and causing a nuisance on public roads.
Khanyile was last year denied bail on this case as he had violated his bail conditions related to an earlier case when he was arrested during student protests in February last year.
Two appeals to have bail granted were refused by the Durban Magistrate’s Court and the Durban High Court. The Supreme Court of Appeal also rejected his bid for freedom.
Khanyile, who is a member of the Economic Freedom Fighters (EFF), claims that in denying him bail, Magistrate Jackie Jonk did not determine whether the protest he had participated in were illegal and that she had placed too much emphasis on the warning conditions related to his earlier case.
EFF supporters were expected to be at the Constitutional Court to support Khanyile.
– African News Agency (ANA)
