Bonginkosi Khanyile has a legitimate case: Constitutional law expert
A constitutional law expert says student activist, Bonginkosi Khanyile may be granted the opportunity to have his case heard in the Constitutional Court.
EFF leader Julius Malema said they would be taking the DUT student's bid for bail to the highest court in the country.
Khanyile was arrested during fees-related protests in September and has since been held at the Westville Prison since.
He faces charges relating to the possession of a weapon and contravening the Explosives Act - among other things.
Legal expert, Pierre De Vos says it's a constitutional issue.
"I think there is a tendency for court not to grant bail even when the law would require them to grant bail. I'm not predicting that he will win or that the court will take the case - but judging from the reports, at the very least, he can make an argument," he said.