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.

That is according to his counsel‚ advocate Dali Mpofu SC‚ who was replying to a question posed by Chief Justice Mogoeng Mogoeng in the Constitutional Court on Wednesday.

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Judge Mogoeng asked what factors were relied on by a magistrate and a judge to explain why the Durban University of Technology student‚ who has remained in custody since his arrest during the fees must fall protests last year‚ could not be released on bail.

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Khanyile has approached the highest court in the land in a bid to get bail - which previous courts have denied.

Mpofu said the only legitimate factor that stood out was that Khanyile allegedly breached a condition of his release on warning on bail in February 2016 - that he should not obstruct police or security personnel in their duties.

“That point alone cannot be sufficient given the context that you painted of clogging prisons‚” said Mpofu.

Judge Mogoeng had 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‚” Mpofu said.

He argued that this was in breach of the Constitution.

After his arrest in September last year on eight charges including public violence‚ Khanyile 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.

The application continues.