Kanya Cekeshe’s bail application, leave for appeal dismissed
In a double blow for Cekeshe, the magistrate rules that his counsel's legal argument is not convincing.
EFF members protest outside the Johannesburg magistrate’s court for the appearance of #FeesMustFall activist Kanya Cekeshe , 14 October 2019. Image: Tracy Lee Stark
The bail application for #FeesMustFall activist Kanya Cekeshe, who appeared in the Johannesburg Magistrates Court on Monday, has been dismissed.
The magistrate also dismissed Cekeshe’s application for leave to appeal.
Advocate Tembeka Ngcukaitobi argued that Cekeshe’s previous representation misled the activist, as he should not have pleaded guilty.
Cekeshe appeared in court, supported by fellow activist Mcebo Dlamini, who was also at the forefront of university protests calling for free education. In the gallery alongside Dlamini was Kanya’s mother Takazi, who could not hold back her tears following the magistrate’s ruling.
The court heard how there had been an incorrect understanding of the facts in Cekeshe’s case. The magistrate acknowledged Ngcukaitobi’s argument that the applicant was tricked into a plea, that there were discrepancies in the charge sheet and that the applicant did not have a fair trial, as previous counsel was incompetent.
The magistrate said Ngcukaitobi’s submissions were, however, unconvincing and that the contention that the applicant did not have adequate representation was unfounded.
“The application for leave to appeal is dismissed.”
Last week, EFF spokesperson Mbuyiseni Ndlozi attended proceedings alongside EFF MP Vuyani Pambo.
Cekeshe, serving an eight-year sentence, was convicted in 2017 for public violence and malicious damage to property for setting a police van alight during a protest.
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[Video by Tracy Lee Stark]
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