Fees Must Fall activist Bonginkosi Khanyile has been granted R250 bail.
Khanyile was arrested with 28 other people on February 4, 2016, on various charges related to the countrywide fees protests.
He was granted bail, with conditions, but was arrested again in September during further protests.
Khanyile challenged his failure to get bail in an application to be heard in the Constitutional Court on Wednesday. He has not been able to get bail since September, and night vigils, solidarity meetings and protest marches have been held to support the call for the release of the Durban University of Technology student.
EFF leader Julius Malema has thrown his weight behind Khanyile and went to visit him in January in a show of support.
The charges Khanyile faced for the February arrest include convening or gathering without notice, convening or attending an illegal gathering or demonstration, interference with police duties in an illegal gathering, and trespassing.
'Undue emphasis on alleged past'
On February 5 he was released with a warning to abide by certain conditions but as unhappiness over fees continued, he was arrested again in a protest on September 27.
Two applications to the Durban Magistrate's Court for bail were refused, as was an appeal to the High Court in Pietermaritzburg.
He followed that up with an application for special leave to appeal to the Supreme Court of Appeal.
The case was set to be heard on January 27, but on January 17 the court issued an order dismissing the application for special leave to appeal. -- additional reporting by News24