Back to jail for Durban's Fees Must Fall activist

It’s back to prison for incarcerated Durban University of Technology student activist Bonginkosi Khanyile‚ who failed to secure bail at the city’s High Court on Wednesday.

Khanyile‚ who was arrested on September 27 after clashes with police during the Fees Must Fall protests‚ is facing eight charges that include public violence‚ illegal gathering and inciting violence.

He has been behind bars for 77 days and was twice denied bail previously — once in October and again in November by the Durban Magistrate’s Court.

Now he will have to remain in jail for another six days to learn his fate.

Judge Nkosinathi Chili said on Wednesday that the magistrate who denied him bail should have been served with a notice of appeal and been afforded an opportunity to give reasons for refusing bail.

 Defence advocate Tembeka Ngcukaitobi said that during a second‚ unsuccessful‚ bail application‚ he did indicate that there would be an appeal and the magistrate did give reasons for refusing bail.

State advocate Kavil Singh‚ however‚ argued the matter was not brought properly before the court as Khanyile had raised 56 grounds challenging the refusal of bail by the magistrate.

“In the interest of justice the magistrate should have been allowed to comment on those 56 grounds‚” he said.

 Singh said the matter could not proceed until a notice of appeal was properly served.

After a short adjournment‚ court resumed and Judge Chili ordered that the magistrate should be served with a notice of appeal by the close of business on Wednesday.

 The matter was adjourned until December 20.