A member of the Protest Defense team, Prince Ganaku, has announced plans to refile a bail application for the Democracy Hub protesters at the High Court.

This follows a court decision to deny their initial bail request.

Mr Ganaku expressed frustration over the turn of events describing the decision as "incredibly surprising."

He confirmed that the new application would be filed first thing on the morning of Wednesday, September 24.

"There is a limit as to what we can do at this time. We will refile the application for bail at the High Court tomorrow."

• Read also: Scores of people arrested as scuffle ensues between Democracy Hub protesters and police

The decision comes after 39 protesters were remanded after they were arraignment on Tuesday.

All accused persons were charged on counts of conspiracy to commit crime; to wit unlawful assembly, unlawful assembly, causing unlawful damage, offensive conduct conducive to the breach of peace, assault on a public officer and defacement of public property.

According to Mr Ganaku, the reason for denying bail was cited as being in the interest of public peace.

However, he criticised this rationale, questioning the need for continued detainment when the protest had already concluded.

• Read also: Arrested protesters appear in court amid heavy security

He emphasized that the protesters have a right to bail, which should not be withheld as a form of punishment

He further argued that any curtailment of this right must be based on a serious and justifiable reason, which he found lacking in this case.

"If you are going to curtail this right, there has to be a clear reason, a serious justification for it. So what is the justification?” he asked.