Irked magistrate denies bail to DUT students

29 September 2016 - 14:47 By Nathi Olifant And Monishka Govender
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Two Durban University of Technology (DUT) students who were arrested on Tuesday and Wednesday following wildcat protests on fees‚ have been remanded in custody.

The 19-year-old female and 26-year old male will know their fate next week after their matter was postponed in the Durban Magistrate Court on Thursday‚ pending further investigations.

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The 26-year-old is facing a string of charges‚ according to prosecutor Roshiela Benimadho.

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She opposed bail‚ arguing that he is facing serious charges of contempt of court and that he had similar pending matters committed at DUT previously and in Umlazi.

He is also facing charges related to an illegal gathering‚ inciting police‚ obstructing traffic‚ possession of explosives and for being a public nuisance. The last charge elicited laughter in the public gallery‚ much to the chagrin of magistrate Jackie Jancko.

Benimadho said the state also needed to verify their residential and student status.

“I'm also aware that another matter against him was withdrawn‚ hence it was not in the interest of justice to grant bail.”

Jancko asked the accused’s lawyer‚ Wendy Cele‚ about his injuries. The student‚ a member of the Economic Freedom Fighters Student Command‚ had a bandage in his right wrist and hand after he was hit by a rubber bullet.

Last week‚ he was among those who led a march to the KwaZulu-Natal legislature and threatened speaker Lydia Johnson that if she did not act on their grievances and enact no-fee laws‚ they would forcibly storm the legislature and that he would personally preside over it in her place.

The female student‚ a member of the DUT student representative council‚ was also represented by Cele‚ who asked that that she be kept in police custody because “she suffers from hypertension and the prison would scare her”.

This was opposed by Benimadho‚ who argued that Westville Prison had a hospital. Jonck agreed.

She is facing charges that include public violence‚ convening an illegal meeting and failing to obey police instruction.

Both will be held at the Westville Prison until their next court appearance.

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