Court denies bail to AKA murder accused

Muziwethemba Gwabeni and Lindokuhle Ndimande appeared in court on Wednesday morning to seek a ruling on a bail application based on what they believed were new facts.

Delivering the judgment, Magistrate Vincent Hlatshwayo stated that the issues of interference with witnesses in the matter were not new and had been dealt with.

"Looking at the totality of the evidence, it is the findings of this court that this court can not and this court should not assist the applicants because the facts presented before this court are either not new and they should not be entertained and the applicants’ application to be released on bail has again been refused."

At the last court appearance, the court heard that their imprisonment has had a devastating impact on their families’ livelihood.

In affidavits read out by their shared attorney, both claimed that their personal circumstances have changed due to the previous refusal of their bail and their lengthy time in prison.

Gwabeni said he is now in arrears in terms of paying the school fees of his three children.

He said he is unable to provide for his family while in prison.

Ndimande said the only taxi he owns was involved in an accident, which has left him unable to provide for his extended family.

Among the fresh reasons for bail, both accused responded to the states’ stance that the investigation remains complete.

However, Magistrate Hlatshwayo emphasised that the facts presented by the two accused were not new.

"The issue of the St Benedict School sending a letter of a breach of contract in the event that R100,000 is not paid by the 10th of December and the payment of school fees at Grey Place, I must unfortunately agree with the assertion by Warrant Officer Pillay and the argument by the State that this matter was raised and dealt with in the initial unsuccessful bail application. Moreover, as it would appear on the papers, applicant one made an undertaking to honour the payment when he was in custody in this matter.

"An asset that generates R20,000 per month is an asset that is valuable to its owner and those that benefit from it. Looking at the evidence in its totality, it is the view and finding of this court that the financial prejudice referred to by applicant two is self-created for him to leave such a valuable item to rot."

Gwabeni and Ndimande also told the court that the ongoing extradition of the two other accused, the Ndimande brothers from eSwatini, also delayed the case.

They said even though the state claims the investigation is complete, the matter has not been moved to the high court.

"It is a fact that this matter is still in the district court roll, but it is common knowledge to anyone involved in this matter or anyone who is following this matter that as of the 29th of November 2024, the state placed on record that the application for postponement for the indictments to be served to the accused on the 7th of February,” the magistrate ruled.

"As much as the matter is still in the district court, it will be transferred to the High Court on the 7th of February after the accused have been served with the indictments. So, this cannot be a new fact."

The matter has been postponed to 7 February.

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