The Verulam Magistrate’s Court is expected to make a ruling on Wednesday on the bail application of the former eThekwini councillor, who called President Cyril Ramaphosa the derogatory “k-word” on a video he posted on social media.
Kessie Nair was arrested last month after his video went viral.
Nair’s attorney has challenged the State’s application to oppose bail.
The lawyer says while the accused understands the words he uttered were derogatory, his right to bail is being compromised by the State.
He faces two other charges related to the Riotous Assemblies Act.
The court has also ruled that Nair would be an in-patient for his 28-day mental evaluation at Fort Napier Psychiatric Hospital in Pietermaritzburg.