Pietermaritzburg – Ten students arrested in connection with violent protests at the University of KwaZulu-Natal’s Pietermaritzburg campus had the decision to deny them bail overturned in the Pietermaritzburg High Court on Thursday.
There were scenes of jubilation in the court as the decision was handed down by Judge Bongani Zaca.
The students, some of whom had spent 49 days in Pietermaritzburg’s New Prison and Durban’s Westville Prison, were arrested towards the end of September following #FeesMustFall protests that turned violent.
They face charges of public violence, assault and malicious injury to property.They had been denied bail by Magistrate Miranda Boikhutso.
The prosecution had used the video footage as the primary basis for the seven students not to be granted bail. The other three had been denied bail because the police had identified them as perpetrators during the unrest.
The students appealed the decision at the High Court on Thursday before Judge Bongani Zaca and were all released on R1000 bail each.
In granting bail, Zaca said the magistrate had misdirected herself in placing reliance on video footage when its admissibility had not been tested. He added the magistrate had placed reliance on the identification by the police stressing that the two aspects would be tested during the trial.
Part of the bail conditions which were read out by the judge is that they should not partake in violent protest activities at the university.
As at their previous court appearances the court was packed with students and family members.
Once outside students were seen exchanging hugs and taking selfies next to police officers who were also in court.
The students danced and sang in jubilation from court on their way to the campus amid a heavy police presence.
Prosecutor Advocate Martin Mtambo conceded that the students should be granted bail.
The students are expected to be back in the Pietermaritzburg Magistrate’s Court on December 2.
The release of the students comes just hours after a male suspect who had been detained by the Alexandra police was released without being charged following an arson attack at a Finance department building on Tuesday morning.
African News Agency