Durban - Bongkinkosi Khanyile, the Durban University of Technology (DUT) student, accused of using a slingshot during the recent #FeesMustFall protests briefly appeared in the Durban Magistrate’s Court on Monday.
Khanyile, 26, is set to make a fresh bid to be granted bail.
However, this bail application is set to be heard in camera, with no one allowed in court apart from court officials, Khanyile’s legal representative and the prosecutor in the matter.
Before proceedings started on Monday, the Economic Freedom Fighters supporter, and his family - including his elderly mother - were removed from the court, being informed by officials that the matter was being heard in camera.
Attempts by media to address Magistrate Jackie Jonck in a bid to for the media to cover the new bail application were rejected. It is not clear what transpired during the hearing or why media were banned from proceedings. Usually when proceedings are ordered to be held in camera, it is due to the involvement of a minor or a sexual offence.
Khanyile, who was arrested during running battles with police on September 27, has been charged with incitement to commit public violence, illegal gathering, possession of explosives and dangerous weapons, obstructing traffic and causing a nuisance on public roads.
It is understood that the new bail application is made on the basis that there is new evidence to be submitted to the court. However, the nature of the evidence or application cannot be confirmed.
In handing down her decision to deny Khanyile bail on October 17, Jonck cited video evidence that showed Khanyile assaulting police and encouraging students to “moer the police”.
Earlier on Monday, Khanyile appeared briefly in Court 12 of the Durban Magistrate’s Court, where he is the co-accused along with other DUT students for another protest matter.
Khanyile was wearing a black T-shirt, which on the front in white letters read: “Whites are guilty of theft, colonization, apartheid and black genocide” while on the back it read “#FeesMustFall”.
Moments earlier in the same court room Johannes David “Dawie” Kriel appeared on charges of crimen injuria for a Facebook posting in which he wrote: “To those idol worshippers and devil disciples who buy them in the name of religion, p***-off to your dark hole in the backwoods of India you d***head.”
He told the court that he intended pleading guilty.
National Prosecuting Authority spokeswoman Natasha Ramkisson-Kara confirmed that Khanyile’s bail hearing would continue on Tuesday. She also confirmed that the matter would still be held in camera - that is the court would be closed to all except court officials, Khanyile’s legal team and the prosecution.
African news Agency