01/03/2017 07:54 SAST | Updated 01/03/2017 07:54 SAST

Fees Must Fall Activist Bonginkosi Khanyile Takes His Bail Refusal Challenge To The ConCourt

EFF leader Julius Malema has thrown his weight behind Bonginkosi Khanyile and went to visit him in January in a show of support.

Thuli Dlamini/The Times/Gallo Images
Economic Freedom Fighters (EFF) leader Julius Malema arrives at the Westville Prison to visit #FeesMustFall activist Bonginkosi Khanyile on January 08, 2017 in KwaZulu-Natal, South Africa. Malema said his party will ensure the release of KwaZulu-Natal #FeesMustFall activist Bonginkosi Khanyile.

Awaiting trial Fees Must Fall activist Bonginkosi Khanyile will challenge his failure to get bail in an application to be heard in the Constitutional Court on Wednesday.

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.

He has not been able to get bail since then 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 faces 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.

His next stop will be the Constitutional Court -- the highest court in the land -- which is situated in Braamfontein, Johannesburg.

One of his arguments will be that the magistrate in the lower court placed undue emphasis on his alleged past conduct without properly deducing the facts when denying him bail.

He argues that his rights to a fair trial were violated by a failure to conduct an inquiry into whether or not he breached his warning conditions.