Durban - The “King” of the #FeesMustFall protesters, as he has been dubbed, Durban University of Technology’s Bonginkosi “Education” Khanyile, is a “brilliant” student with an average above 80%.
This emerged in court on Monday when the 26-year-old, argued he needed bail so he could study and cast himself as victim of the protests.
Khanyile, aligned to the EFF Students Command, is studying on an all-expenses-paid bursary from the KwaZulu-Natal Premier’s Office.
He will remain in custody until Friday as the Durban Magistrate’s Court deliberates arguments made by the State and the defence during his bail application.
Magistrate Jackie Jonck said she needed time to consider the evidence before her.
Khanyile was arrested about two weeks ago during violent protests at DUT.
He had told Independent Online a day before his arrest he was “proud” UKZN Pietermaritzburg students had torched a building.
The video has been exhibited as part of the case against him.
He faces public violence, illegal gathering, possession of explosives, possession of dangerous weapons, obstructing traffic and causing a nuisance on public roads charges.
He intends pleading not guilty.
His defence attorney, S’boniso Mkhize, submitted his academic record and told the court Khanyile would no longer participate in protests if released on bail and would only go to the university for exams.
The court heard he had three children, aged between two and six.
An affidavit submitted by one of the mothers said he worked as a taxi conductor on weekends to contribute R400 a month towards the maintenance of one child.
He was a “brilliant student” and also secured in-service training with the eThekwini Municipality, commencing on November 15, he said.
“Yes, at the Mangosuthu University of Technology there was a problem. His academic record shows he is a student whose average is above 80% in each of the subjects he does, some of them are at 94%.
“He is a brilliant student. He is a person who can make the country proud,” Mkhize said. He said holding Khanyile longer would lead to him to fail, which could have consequences for his state-funded bursary.
“He is a victim of the #FeesMustFall, a genuine cause, but the violence is unacceptable,” said Mkhize.
Prosecutor Roshiela Benimadho said that although she agreed Khanyile was a brilliant student, she argued he had abused the state and was attempting to “guilt trip” the courts.
She said the court had the responsibility to protect university property, students who wanted to write and complete their studies and exams, and the broader public.
Benimadho said the accused was part of a “jigsaw puzzle” of student protesters who were violently intimidating fellow students, were a threat to universities and interfered with law enforcement.
“It is undoubted the #FeesMustFall is an admirable cause, but the dark violent path is not,” she said in opposing his release.
Benimadho said Khanyile was a contradiction because he pleaded with the court for bail and said he should have been in class when he was protesting violently.
“Violent protest is the path the applicant has taken, he can’t now say he wants to study for exams and do his internship. He has turned against the same government that has funded his studies,” she said.
Khanyile’s mother, Phumzile Khathini, 68, testified that she did not know her son was part of the EFF and was struggling to sleep because he was in custody.
She told the court she understood why students were protesting for free education because parents struggled with fees and registration money.
“I am happy that government is funding him, but what is making me unhappy is that he is in custody,” she said.
Asked by Benimadho how she would feel if she heard someone was “proud” that university property was being burnt, she said: “I would be hurt. I don’t think any student is happy when the university gets burnt.”
Khanyile submitted an affidavit where he told the court he “no longer holds the views expressed in the video”.
He said the views were expressed in the “heat of the moment” and was willing to report to the nearest police station daily for the duration of his bail application and would not partake in any protests.