EFF members joyous as their own Free Must Fall activist granted bail

Economic Freedom Fighters members descended in numbers before the Constitutional Court on Wednesday as one of its members and #FeesMustFall activist‚ Bonginkosi Khanyile‚ won his bid to be granted bail.

Khanyile‚ a student at the Durban University of Technology‚ was arrested in September last year during the Fees Must Fall protests and has been in detention ever since.

He failed in numerous bail applications and appeals‚ in the Durban Magistrate’s Court‚ the high court in Durban and the Supreme Court of Appeal.

This led to him applying to the Constitutional Court to be released on bail.

• Bonginkosi Khanyile‚ an innocent African child: Malema“Bonginkosi is going home today‚ whether they like it or not. He is out on bail‚” said Economic Freedom Fighters’ (EFF) leader Julius Malema as he told his supporters that the detained student leader was granted bail on Wednesday. 

Khanyile is facing eight charges including public violence‚ illegal gathering and inciting violence. A date for his trial has yet to be set.

Earlier‚ the court heard that Khanyile was held in custody for so long because he had to be made an example of.

Khanyile’s counsel Dali Mpofu SC was replying to a question posed by Chief Justice Mogoeng Mogoeng.

The chief justice asked what factors were relied on by a magistrate and a judge to explain why Khanyile could not be released on bail.

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.

• 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. 

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

After an adjournment‚ prosecutor Andy Bester told the court on Wednesday afternoon that the parties were closer to an agreement which could see Khanyile released on bail.

“As it stands‚ the state does not want to incarcerate individuals for the sake of it. If conditions are put into place‚ the accused can be placed on bail‚” Bester said.

After a few minutes‚ the parties reached a settlement to release Khanyile on bail of R250.

After Justice Mbuyiseli Madlanga made the settlement an order of the court‚ people assembled inside the courtroom cheered the order.

EFF leader Julius Malema addressed the crowds who had assembled after Khanyile had been released on bail.

WATCH: #FeesMustFall activist's release a victory for EFF – Julius Malema

“We want him in the presence of his children; we want him in the presence of his mother. We want him in the presence of his committee because that is where he belongs. He does not belong to the criminals because he is fighting for a just cause.

“When Bonginkosi was arrested‚ we said he would be released. You must never be cry babies‚” Malema said to loud cheers.

Malema said when people joined politics‚ they must know that prison would become their friend.

“When you are scared of prison‚ stay (away) from politics… The highest price to be paid is death. We will not retreat even right in front of death‚ we shall tell the truth…

“The system will not give you roses when you fight it. The system will fight back and you must be determined to fight forward and never retreat.”

Malema accused the African National Congress of using "apartheid tactics" to jail innocent people.

"The ANC is using apartheid tactics to jail people without trial. When they disagree with you politically and they can’t persuade you politically‚ they will lock you up. That is crime against humanity.

“That is against the spirit of our constitution. They [ANC] are known for not respecting the constitution. They urinate on top of the constitution. If you want to know how they urinate on top of the constitution‚ see who is occupying the Union Buildings.

“That is a direct urinating on top of the constitution because (President Jacob) Zuma is not supposed to be president of this country if the ANC respected the constitution‚" said Malema.

Khanyile's mother Phumzile Khathini thanked the EFF for supporting her son and for seeing that he was released.

"I would like to thank you comrades because if you were not here‚ Malema would not be here. I am grateful for your support.

"Even when my knees were weak‚ you gave me strength‚" she said.