Kanya Cekeshe bail application denied
Fees
Must Fall activist Kanya Cekeshe has been denied leave to appeal his conviction
and sentence by the Johannesburg Magistrates Court.
His application for bail was also dismissed on Monday.
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In 2017, Cekeshe was sentenced to eight years in jail - with three years suspended - for malicious damage to property after he was found guilty of torching a police car during Fees Must Fall protests.
Cekeshe approached the court requesting he be let out on bail pending his appeal.
His advocate Tembeka Ngcukaitobi argued that there was not enough evidence against him despite the conviction.
In handing down judgment, Magistrate Theunis Carstens said approving bail was not in the interest of justice.
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He says that not only did Cekeshe admit to the burning the police car but also said he understood the charges and the associated consequences.
"That he is aware that he might be convicted on the strength of the statement without any witnesses being called, that at all material times he had the necessary intention to commit the crimes, that he knew that his actions were wrongful, unlawful and punishable by law and that he does not have a valid defence in law to excuse his action."
He added that defence’s stance that Cekeshe's previous legal counsel was inadequate is insufficient as the applicant did not state that he was unsatisfied with his legal representatives.
"The general rule is that the litigant is bound by what is done by his legal representatives. At no stage during the trial or application to appeal against sentence did the applicant hint that he was not satisfied with the conduct of Advocate Ramahili.
"The applicant is not immature or unsophisticated or uneducated man, to the contrary. He has more than enough time to raise any objections to the manner to which his trial was conducted."
