DURBAN - #FeesMustFall activist Bonginkosi Khanyile said “they can only arrest your body, but not your mind” after he was sentenced to three years’ correctional supervision, which includes house arrest.
In handing down sentence yesterday, Durban Regional Court magistrate Siphiwe Hlophe said while free education was a good cause, vandalism was not.
“Students became the biggest losers, universities were shut down and the whole academic year was put on hold,” he said.
He added that the matter was a proper case for correctional supervision taking into account the accused’s personal circumstances.
“He is a person who should be given the opportunity to be equipped with skills to prevent further unacceptable behaviour,” Hlophe said.
In terms of the correctional supervision sentence, Khanyile was also ordered to do eight hours of community service a month and to attend life skills programmes.
Hlophe also handed down a R5000 fine or three years in prison, which was wholly suspended for five years on condition that Khanyile was not convicted of similar offences during the period of suspension.
Khanyile was arrested in 2016 during violent student protests at the Durban University of Technology at the height of the #FeesMustFall campaign.
He pleaded guilty to public violence, failing to comply with police instructions and the possession of a dangerous weapon.
Earlier, during the sentencing proceedings, SAPS Durban cluster commander head Colonel Langa Mhlongo testified that Khanyile did not show remorse, which is a requirement for correctional supervision.
“After pleading guilty, the accused addressed the media outside court and made comments that his plea was not genuine,” he said.
Mhlongo said as a leader, the blame fell on Khanyile for leading students astray by encouraging them to ignore, provoke and attack the police.
“I commend the police for their actions. The mere fact that catastrophe was avoided was because of the way the police restrained and conducted themselves,” he said.
He added that the impact of the protests had been serious, and that police had to draw on external resources including specialist units from Port Shepstone and Ulundi.
“R361000 was paid for accommodating these members, and that’s excluding acquiring things like armoured tankers,” he said.
Defence attorney Danie Combrink said the fact that his client had a “huge following and stands out as a leader” could be used by him to “make a contribution to the community in future”.
He said reports conducted by pre-sentencing specialists stated that his client was remorseful.
Speaking outside court, Khanyile said he was a free man in “mind, body, and soul”. “If you believe in a cause that you are fighting for, even if you are subjected to the highest penalty, you must take it with pride, honour and dignity, and without any fear,” he said.
Khanyile has been accepted into the University of KwaZulu-Natal’s 2019 Master’s programme to study public management.
He will remain under correctional supervision while at UKZN.