Bongkinkosi Khanyile, the Durban University of Technology (DUT) student, accused of using a slingshot during the recent #FeesMustFall protests, looks set to spend the festive season behind bars.
That is unless a December 14 appeal persuades a Durban High Court judge that Magistrate Jackie Jonck had erred in denying the 26-year-old bail.
On Tuesday, Jonck adjourned proceedings against the student to January 19.
Khanyile, who was arrested during running battles with police on September 27, has been charged with incitement to commit public violence, illegal gathering, possession of explosives and dangerous weapons, obstructing traffic and causing a nuisance on public roads.
He also faces a charge of trespassing in a separate case, which was also adjourned to January 19.
In handing down her decision to deny Khanyile bail on October 17, Jonck cited video evidence that showed Khanyile assaulting police and encouraging students to “moer the police”.
A renewed attempt last week to obtain bail was also rejected by Jonck.
The courtroom was packed with Economic Freedom Fighters supporters.
Student leader Gazuzu Nduli said that a court date of December 14 had been obtained in the high court where EFF advocate Thembeka Ngcukaitobi would argue for Khanyile to be granted bail.
Khanyile is the only student arrested during the #FeesMustFall must fall protests still behind bars.
The state has steadfastly opposed bail.