The appearance of the men accused of murdering Kiernan AKA Forbes and Tebello ‘Tibz’ Motsoane was postponed to March 4 in the Durban Magistrate’s Court following the revelation that the Ndimande brothers have been moved by the Department of Correctional Services to the super maximum eBongweni Correctional Facility in Kokstad.

Berea Mail reports that, in a brief virtual court appearance before Magistrate Irfaan Khalil this morning, Advocate Simphiwe Mlotshwa told the court that the defence team, which includes instructing attorney Sibusiso Dlamini, was not informed of the move and found out via email as the accused were being moved. He said the Ndimande brothers, Malusi and Siyabonga, were moved along with ‘all the other five accused in the matter’ to Kokstad C-Max, which has a 30-minute consultation window.

“We were not informed of the reasons behind the move,” Mlotshwa told the court. “We received an email on January 2 saying that the accused have been to Kokstad, which has made it difficult for us to consult with our clients as the maximum prison is far and only has a 30-minute slot for consultation.”

Mlotshwa said the defence has asked for reasons to be furnished surrounding the move. “To date, we have not received reasons as to why they were moved from Westville Prison to Kostad. We would like for them to be relocated back to Westville Correctional Centre, where it will be easier for us to consult with our clients,” said Mlotshwa.

State prosecutor Advocate Elvis Gcweka said they were also not aware of the reasons behind the move and confirmed that the email was indeed sent on January 2. “The state does not have the information as to why the accused were moved,” he told Khalil, who had raised concern about meaningful consultation and time limitation.

“We will find out and come back with the information. In the meantime, we are looking into making arrangements for the accused to be brought to Westville Prison for consultation and be taken back to Kokstad straight after.”

The matter was adjourned soon after, with the case provisionally moved to March 4, pending consultation. Mlotshwa advised the court that there were still some missing documents that he had requested from the state, which have yet to be sent to the defence team.

The Ndimande brothers are yet to face the music in the Durban High Court. They face a string of charges in connection with the murder of AKA and Tibz, as well as other murder and attempted murder cases throughout KZN. The charges include conspiracy to commit murder, four counts of murder, and several counts of attempted murder, unlawful possession of firearms and ammunition, and money laundering.

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