Free at last: #FeesMustFall student activist gets bail after six months behind bars

#FeesMustFall student activist Bonginkosi Khanyile is a free man after nearly six months behind bars.

His legal team and the prosecution reached a settlement that was made an order of the Constitutional Court on Wednesday.

• Student activist kept behind bars to 'set an example'Jailed student activist Bonginkosi Khanyile was held in custody for so long because he had to be made an example of.

The order granted Khanyile bail of R250 subject to him complying with certain conditions‚ including that he does not intimidate any member of staff or security at the Durban University of Technology or hinder police or security personnel in the performance of their duties.

• Durban students march in support of jailed #FeesMustFall activistStudents marched on Durban’s City Hall on Friday morning to demand the immediate release of jailed student activist Bonginkosi Khanyile.

Khanyile has been in custody for close to six months since his arrest during the fees must fall protests in September 2016 on eight charges including public violence. Khanyile initially applied for bail in the Durban Magistrate's Court. That application was dismissed along with appeals to the High Court and Supreme Court of Appeal.

Thousands of Economic Freedom Fighters supporters and student leaders protested against his continued detention outside the Constitutional Court.

Chief Justice Mogoeng Mogoeng earlier asked why was it necessary to keep Khanyile in prison‚ when there were other cases where people accused of rape and murder were granted bail.

“The only fact that stands out is that this student had to be made an example of. The prosecutor said there was an order from the president to clamp down on protesting students‚” Khanyile's counsel, Dali Mpofu, told the court.

Instability

Meanwhile at the State of the Province Address in Pietermaritzburg, KwaZulu-Natal Premier Willies Mchunu criticised the #FeesMustFall leaders, saying they ignored government progress and merely wanted to destabilise universities.

Mchunu said that those calling for free higher education were not interested in the facts.

"They did not recognise the strides that have been made to provide free education to eligible students. It was clear from the onset that there were a range of ulterior motives behind a legitimate campaign. We are pleased to report‚ however‚ that the KwaZulu-Natal provincial government provided strong leadership in assisting tertiary institutions‚ the National Department of Higher Education and students to negotiate an amicable and legal approach to resolve issues in the campuses‚" he said.

Mchunu said they are pleased to see that the start of the current academic year has been somewhat stable.

"We sincerely hope that our students will be able to focus on the task at hand‚ namely to get themselves qualified to assist us in growing the economy and getting themselves employed or being entrepreneurs. We wish to state categorically that we fully understand and sympathise with the plight of poor students‚ who find it impossible to meet rising education costs‚" said Mchunu.

Mchunu said it was for this reason that they have explored all possible options to provide access to financial support to deserving students through bursary schemes. On the national student financial support programmes‚ Mchunu said his government had awarded more than R1‚5-billion worth of bursaries to needy students. "We have appointed‚ over the past three years‚ more than 5‚000 interns who have worked for various provincial government departments costing government more than R100 million‚" he said.