Jailed student activist Bonginkosi Khanyile’s legal team is fighting for his release at the Constitutional Court.

Khanyile‚ a student from the Durban University of Technology‚ has been in custody since his arrest on September 27 last year during the #FeesMustFall protests.

He was arrested on eight charges including public violence‚ illegal gathering and inciting violence.

He turned to the highest court in the land on Wednesday after a number of lower courts rejected previous applications for bail.

Thousands of Economic Freedom Fighters supporters and student leaders protested against his continued detention outside the court.

His legal team argued for the court to consider a different interpretation and application of a portion of the Criminal Procedure Act which deals with bail applications.

The section states that the interests of justice do not permit the release from detention of an accused if one or more grounds are established.

These include whether it was likely that an accused released on bail would endanger the safety of the public‚ attempt to evade trial‚ undermine the functioning of the criminal justice system or disturb the public order.

Khanyile’s counsel Tembeka Ngcukaitobi argued that even if one of the grounds existed‚ a court should still decide if it was in the interests of justice to deny bail.

The hearing continues.