On Thursday, Gumede's advocate, Leona Fick, argued in an affidavit that it was in the interests of justice for him to be released pending sentencing as he was not a flight risk, his address and circumstances had not changed, he had no assets or interests outside the country and he needed his income to pay for legal fees.
But prosecutor Robert Molokoane argued Gumede's circumstances had changed as he was now a convicted person.
“His circumstances have changed drastically, he is now at prison, his new address is the prison ... What makes you special, special when other people are in custody ...?" he argued.
The court ruled there was insufficient grounds to grant the request and dismissed the application, to cheers from people in court supporting the Ngobeni family. When bail was denied, the group shouted “victory, victory”.
The case was postponed to March 9-10 next year for sentencing.
Gumede was remanded in custody.