43 CPUT students appear in court

Protesting Cape Peninsula University of Technology students vandalized and flooded the Major Sports Hall, an exam venue, at its Bellville campus. Picture: David Ritchie

Protesting Cape Peninsula University of Technology students vandalized and flooded the Major Sports Hall, an exam venue, at its Bellville campus. Picture: David Ritchie

Published Nov 24, 2015

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Bellville – Forty three students, arrested on Monday at the Bellville campus of the Cape Peninsula University of Technology, for unruly behaviour, were granted bail of R3 000 each when they appeared in the Bellville District Court on Tuesday.

They face charges of public violence, violating the Illegal Gatherings Act, and malicious damage to property.

Their team of four lawyers – two attorneys and two advocates – urged magistrate Cyril Kroutz to release them on warning, on the grounds that they did not have money for bail. To fix bail for them, despite the fact that they were unable to pay, amounted to refusing them bail, they argued.

However, the magistrate said he had fixed bail at R3 000 for other students in previous, similar, proceedings, and it would not be fair to them, nor in the interests of justice, to release the current 43 on a mere warning.

He warned the 43 that if any of them failed to comply with the five bail conditions, he would declare the bail forfeited to the State, in respect of those who failed to comply. Any whose bail was forfeited due to non-compliance, would then remain in custody until the case was finalised.

There were gasps of dismay from the crowded public gallery, as well as the students, when the magistrate said they would be released from custody only on payment of R3 000 each.

The first bail condition was that they appear in court again on January 29 next year. They were also barred from “setting foot” again on the Bellville campus, while those who were in residence at the campus had to find alternative accommodation. They were also warned not to interfere with, or intimidate, students and personnel at the campus.

As a final bail condition, the magistrate said those who had to find other accommodation and who needed to fetch personal belongings at their campus residences, had to first notify their lawyer.

The lawyer would, in turn, request permission from the investigating officer, for a banned student’s return to campus for this purpose, the magistrate ordered.

In a lighter moment, one of the lawyers said the team had agreed with the prosecutor that the case be postponed to January 29, at which point the magistrate quipped: “Well, it obviously cannot be January this year.”

Before the hearing commenced, the students were brought from the holding cells to file into the lengthy dock.

The prosecutor then took a roll call, to ensure that they were all present.

One of the students had a worried frown when the prosecutor called his name twice - the second time a few minutes after the first - but seemed relaxed again when the mix up was finally resolved.

Another student suddenly began sobbing while the magistrate made notes on the court record.

In a stern tone, the magistrate told him that this was not the time to shed tears. “You’re big now, tears are for babies.”

The instructing attorney, Pam Ayanda Mdanjelwar, comforted the weepy student, after the magistrate gave her permission to approach him in the dock.

The magistrate ordered that the students remain in custody until they appear again on January 29.

Those able to raise their bail money, would be released, but had to appear in court again on the scheduled date, Kroutz ordered.

African News Agency

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