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Durban – A Fees Must Fall leader, who the EFF says is the only student countrywide still behind bars following university protests earlier this year, was refused bail in the Durban Magistrate's Court on Tuesday.
EFF-affiliated Bonginkosi Khanyile has been behind bars since September 27 and faces charges ranging from public violence and illegal gathering, to trespassing and inciting violence.
Magistrate Jackie Jonck refused him bail, saying that although universities were closed, the large support base for Khanyile in court indicated his influence over others.
"From the supporters in court, it is clear he still commands influence."
She said that the Fees Must Fall matter was still not resolved, with government and students not agreeing on a way forward.
This raised the ire of EFF supporters, with one of their leaders, Gazuzu Nduli, calling the magistrate a white racist outside the court building.
Ready to fight 'until the bitter end'
"The magistrate is obviously not neutral in this case. Throughout this case she has shown bias and is very racist in the way she is treating Khanyile. We shall not retreat or surrender."
Outside court, an EFF legal representative, Benz Mabengwane, said that his legal team would on Wednesday approach the High Court to urgently seek bail for Khanyile.
"We are prepared to fight this until the bitter end. We are sent here by the commander-in-chief [EFF leader Julius Malema]. He says this matter must be attended to immediately."
There was a large police presence in court during proceedings, with a number of public order police and ordinary officers in the gallery.
Following the refusal of bail, EFF supporters began chanting and singing loudly and continued as they walked through the court building.
The case against Khanyile was postponed to December 6.
