Kessie Nair, a 60-year-old famous for a video that went viral on social media, was granted bail.
He was stopped by the police and charged with crimen injuria for calling the President the k-word in the video.
Having applied for bail earlier in October he was denied and remained in prison.
His attorney Chris Gounden put forward claims that his client “is being persecuted because he’s Indian”.
He is to report to Fort Napier for a mental evaluation.
Last week the Durban High Court ruled in favor of Nair for bail at the amount of R2500.