A LAST minute switch in defence tactics will see the return of double murder accused Ndimande brothers, Malusi Dave and Siyabonga Gezani, back in the Durban Magistrate’s Court in April when they are expected to make their formal bail application.

The Ndimande brothers, who face a raft of charges, including murder, attempted, and money laundering, will appear before Magistrate Irfaan Khalil on April 10. This follows their confusion-filled and late appearance in court last Wednesday.

Malusi and Siyabonga, who were moved from Westville Correctional to eBongweni Supermax Correctional Facility along with the other five accused in the murder case of award-winning rapper Kiernan “AKA” Forbes and chef Tebello “Tibz” Motsoane, had been scheduled to appear via video link.

When the time came for their appearance the court was informed that they will now appear in person, over two hours late. Represented by their lawyer, Sibusiso Dlamini, the alleged hitmen were there to fight their transfer to Kokstad C-Max.

Also Read: AKA and Tibz murder case postponed

Dlamini pleaded with the court to order the accused to be moved back to Westville Prison. “Kokstad is very far and we are allocated 45 minutes to consult which is not enough time,” he told the court. “We are requesting that the court order the return of the accused to Westville Prison.”

The request was challenged by State prosecutor Advocate Elvis Gcweka who argued that the decision to move the accused was made by Department of Correctional Services. This was also confirmed by Khalil who said the decision to move the accused lies with Correctional Services.

During a short consultation, the brothers opted to abandon their initial plan of fighting the move and through their lawyer they confirmed that they will now be seeking bail. The mater was adjourned to April 10.

“The bail applications will be separate as the brothers have other pending cases. Both of you will remain in custody, no bail fixed,” said Khalil.
The five other accused in the AKA and Tibz murder trial, Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Harvey Gwabeni and Lindokuhle Lindo Ndimande, will next appear at the Durban High Court in July. The trial dates are July 20 to August 21, and October 5 to November 6.

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