Durban - Bail has been denied against the DUT “king” #FeesMustFall protester.
There were clicks of the tongues as students left the courtroom in visible disgust.
Bonginkosi “Education” Khanyile had come to court carrying a bag, presumably thinking his release would be secured on Monday. There were tears outside court from a student standing next to Khanyile’s mother, who was also angry.
Defence attorney, Wandile Cele, said they would not appeal bail at this stage.
In her judgment, Magistrate Jackie Jonck said it was not in the interest of justice to release Khanyile on bail. She cited video evidence brought by the state last week that showed Khanyile assaulting police with stones and a slingshot and also a video where he called on students to “moer the police”.
“#FeesMustFall has merit, but you have no right to act in a destructive manner, no right to stop students going to class, you have no right to attack law enforcement officers and you have no right to stop the university academic programme,” she said.
Jonck said although Khanyile had made a plea that he would adhere to strict bail conditions which included him distancing himself from protest and reporting to the police station twice a day, she said his arrest on this matter showed there was already evidence he had breached conditions on a matter he was released on bail from earlier this year in which he had said he should not partake in unlawful protest.
Khanyile faced an additional charge of incitement of violence after the state presented new video evidence in the Durban Magistrate’s Court on Friday.
EFF Student Command-aligned Khanyile was arrested on September 27 when a group of students had been marching between the Durban University of Technology’s Steve Biko and ML Sultan residences.
In addition to the new charge of incitement to commit public violence, Khanyile already faced charges for public violence, illegal gathering, possession of explosives, possession of dangerous weapons, obstructing traffic and causing a nuisance on public roads.
Prosecutor Roshiela Benimadho said the state became aware of the video footage on Wednesday, two days before magistrate Jonck had been expected to rule on whether Khanyile would be given bail.
The video purports to show the accused calling on students to “moer the police”.
“The police are following us, we have come to the last stage of the revolution. We are no longer running, get stones and make sure that you moer them,” the accused appears to say in the footage. Colonel Delani Xulu, who had headed police operations on the day of Khanyile’s arrest, told court he had pleaded with the students to stop stoning police.
“There was big danger to cars and innocent people walking past. We had to intervene as the police - I pleaded with them to say please don’t do this, you are going to get hurt’.
Xulu had told the court he strongly believed the accused would participate in protests if he was released as he said he had explained the consequences of their actions to students.
“I did that twice. I cannot guarantee (that he will not join protest), I strongly believe he will be involved in the strikes if he is released,” he said.
Benimadho told the court that Khanyile’s actions were the equivalent of “domestic terrorism” and said the accused had a clear disposition for violence and the state had tried on numerous occasions to get him to stop illegal conduct.
“It is clear that he harbours a grudge against the police, rule of law and perceives police as stifling them in their criminal conduct."
* Anger spilled over at the Pietermaritzburg Magistrate’s Court after the bail ruling in the case of 11 University of KwaZulu-Natal students arrested for public violence.
Seven of the students were denied bail by Magistrate M Boikhutso on Thursday and will miss out on writing their exams, while four students were granted bail of R1 000 with stringent conditions, reports Sherlissa Peters.
The 11 were arrested on September 27 and charged with public violence, malicious damage to property, assault of police officers, and interfering with police officers on duty as well as contempt of a high court order restraining students from participating in protest action.
The case has been adjourned to December 2.
Daily News