Durban - A Durban University of Technology student facing public violence charges for his part in the #FeesMustFall campaign, has a bursary funded by the KwaZulu-Natal Premier’s Office, a court heard on Thursday.
EFF Students Command-aligned first-year DUT public management student, Bonginkosi “Education” Khanyile, 26, appeared before the Durban Magistrate’s Court on Thursday where he faced charges including incitement to commit public violence, illegal gathering, possession of dangerous weapons, obstructing traffic, causing a nuisance on public roads and possession of explosives.
There was a strong police presence outside the courtroom, with as many as nine police officers posted outside Court A as students packed the courtroom in ANC and EFF colours.
WATCH: #Fees2017 protester 'proud' of arson attacks
Khanyile was arrested two weeks ago when students threw stones at police, burned tyres and marched between the DUT campuses.
Investigating officer, Warrant Officer Johan de Beer, told the court the accused “threw stones at the police with other students” and that “he was using a slingshot to shoot at the police”.
He said the police had video evidence to support their case.
Khanyile was the “king” among student protesters, despite only being enrolled at DUT this year and holding no official rank within the SRC, De Beer said.
He testified that the student was aligned to the EFF as a student leader at DUT.
An interview where Khanyile had told Independent Online in a video about two weeks ago that he was “proud” students had allegedly torched a residence at a UKZN Pietermaritzburg campus, was entered into the court exhibits in the case against him.
Prosecutor Roshiela Benimadho said the State was opposed to bail because Khanyile was a danger to the public and would evade trial and interfere with witnesses.
“The seriousness of the violence has reached the upper echelons of government.
“It is a crisis, #FeesMustFall has reached international notice,” Benimadho told the court.
This was echoed by magistrate Jackie Jonck, who said the courts were not the enemy, and they had no problem with the #FeesMustFall movement, but could not condone violence.
Jonck was firm with students, ordering them on several occasions to be quiet and warned she would throw them out of court if they did not obey her.
Khanyile’s bail application was adjourned until Monday because the court could not secure an Afrikaans interpreter for De Beer, who had testified in English in the morning.
De Beer had told the court earlier that Khanyile had been previously expelled from the Mangosuthu University of Technology (MUT) where he had been studying communications between 2011-2013 and that he was studying at DUT on a provincial government bursary, which catered for his fees and accommodation.
Khanyile’s attorney, Sboniso Mkhize, disputed that he was expelled from MUT and told the court he had been suspended.
De Beer said Khanyile had no previous convictions, but had a number of pending cases of a “similar” nature.
He had been expelled from MUT for taking part in illegal protests and had been charged with public violence at the uMlazi SAPS.
Charges were withdrawn against him.
At DUT, he had been arrested in February for taking part in an unlawful protest with staff at DUT that called for workers to be insourced and had missed court appearances, citing transport problems and illness, the court heard.
He also has a pending case for trespassing at a university residence where he allegedly became violent and failed to obey security instructions to sign a log register.
The matter is before the court and was due next month.
De Beer said Khanyile had been charged previously for shoplifting an “Uzzi” branded T-shirt at a Truworths store in 2010.
In a separate matter, DUT first-year public management student, Lilitha Dyala - the daughter of an Eastern Cape businessman and a lieutenant-colonel policewoman, was released on R7 000 bail and was given strict bail conditions to not take part in unlawful protest, among other conditions.
She faces charges of public violence, illegal gathering, failing to comply with police orders, interfering with police duties and possession of dangerous weapons.
Benimadho told the court the State was not opposed to bail and that her fees were being financed by her parents.
Dyala had been arrested last week near the Coastlands Hotel on Peter Mokaba (Ridge) Road when students had protested at a meeting between the SRC, DUT management and NSFAS officials, which took place off campus.
Dyala’s attorney, Njabulo Zungu, told the court she intended to plead not guilty and that she had not evaded or resisted arrest when police were chasing protesters as she suffered from asthma and hypertension.
She is expected back in court on November 30.
@SihleSays
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