EFF president Julius Malema said yesterday that his party had assembled "the most powerful legal brains" to ensure the release of imprisoned KwaZulu-Natal #FeesMustFall activist Bonginkosi Khanyile.
Speaking after visiting Khanyile in prison, Malema said the party would challenge the incarceration.
EFF secretary-general Godrich Gardee said it would take Khanyile's case to the Supreme Court of Appeal.
"We believe that keeping him in prison has violated his rights to bail. We are not waiting for his next appearance," said Gardee.
Khanyile returns to court on January 19.
EFF leaders visited Khanyile at Durban Westville prison, accompanied by his mother Phumzile Khathini, and his siblings.
Khanyile, arrested on September 27 during protests at the Durban University of Technology, faces eight charges. He has been denied bail three times.
Malema said of Khathini : " You have spent your festive season without your child, who is in prison not because he's a criminal but because he is fighting for a just cause. We salute the family . We are with you. "
Advocates Tembeka Ngcukaitobi and Dali Mpofu have been retained to represent Khanyile.
Just R20 for the first month. Support independent journalism by subscribing to our digital news package. 
