#FeesMustFall activist finally released on bail

Awaiting trial #FeesMustFall activist Bonginkosi Khanyile will finally be able to go home, having been granted R250 bail by the Constitutional Court yesterday.

The 26-year-old Durban University of Technology student took his bail bid to the highest court in the land after spending 155 days in prison without a set trial date after he was accused of convening an illegal gathering among other protest-related offences.

He was twice denied bail in the lower courts before approaching the Supreme Court of Appeal.

ConCourt justices grilled prosecutor Andy Bester, who failed to convince the court that the state had grounds to believe the Economic Freedom Fighters (EFF) member was a threat to the witnesses in the trail, which include several police officers and university management.

Khanyile’s bail is set on the condition that he does not intimidate staff or obstruct police or any personnel. Bester was repeatedly asked by Chief Justice Mogoeng Mogoeng and other justices why it was reasonable to keep the student in prison for nearly six months while awaiting trial.

Among the state’s reasons to oppose bail was the accusation that during one of the protests last year, Khanyile was heard allegedly inciting his “followers” to “moer” the police. He was also allegedly seen using a slingshot and throwing rocks early last year, but no charges were brought against him.

Advocate Dali Mpofu accused the courts of making egregious violations to the constitution by denying Khanyile bail on the grounds that he might intimidate witnesses or attend another illegal gathering when it was established as common cause that he was not a flight risk.

A heavy political tone highlighted the event as the announcement of the judgment was met with mass celebrations outside the court by the hundreds of EFF members who had been marching since the early morning.

Addressing the crowd, EFF leader Julius Malema declared the event a victory for the party and encouraged #FeesMustFall activists to continue the struggle for free education.

His sentiments were echoed by ANC-affiliated #FeesMustFall activist Mcebo Dlamini, who said that protests would continue whether leaders were jailed or not and that he and Khanyile’s stints in jail were politically motivated.

“Remember when I was released from jail myself the judgment said my constitutional rights were violated,” said Dlamini.

“That’s why we are here today, to challenge the persistence of Khanyile’s constitutional rights being violated.”

Khanyile’s mother Phumzile Khathini said yesterday that when her son was released she would encourage him to continue with the fight for free education.