A correctional services department decision to transfer the “AKA” murder-accused Ndimande siblings to the Ebongweni supermaximum facility in Kokstad from Westville hampered their consultation with their defence.
This is according to defence counsel advocate Simphiwe Mlotshwa at the Durban magistrate’s court on Friday when his clients Siyabonga and Malusi Ndimande made a virtual appearance.
The pair were due to make their third appearance in connection with the deaths of Kiernan “AKA” Forbes, who was killed alongside his celebrity chef friend Tebello “Tibz” Motsoane, outside the now defunct Wish restaurant in February 2023.
Mlotshwa said the defence only found out about the transfer on January 2.
“We are waiting for an email reply from the department of correctional services to establish the reasons for them being removed. We are asking for the accused to be relocated to Westville correctional facility,” said Mlotshwa.
He said he was told the department had sent a reply, but it was yet to reach the defence.
He said at Kokstad, the consultation is capped at 30 minutes.
Senior prosecutor advocate Elvis Gcweka confirmed the accused had been moved to Ebongweni maximum facility but didn’t explain what led to the move.
“Let’s rather get a provisional date. The state and the defence had pre-arranged a provisional date in order to get more information,” said Gcweka.
“We are seeking the matter to be provisionally postponed to February 20. This is to allow the process to unfold so that we can make an informed decision,” said Mlotshwa.
Inside information suggests the pair were removed from Westville in December.
The siblings appeared on a screen and were seated at a boardroom table.
The siblings also face a raft of charges, including murder, attempted murder, malicious damage to property and reckless driving dating back to 2022.
Presiding magistrate Irfaan Kalil adjourned the matter to March 4.
In October last year Thabani Mkhwanazi, 30; Lindani Zenzele Ndimande, 35; Siyanda Eddie Myeza, 21; Mziwethemba Harvey Gwabeni, 36; and Lindokuhle Mhlaliseni Ndimande, 29, who are also charged with the murders, made a brief appearance in court.
The matter was adjourned to June 19 for further pre-trial issues to be addressed. A presiding judge will be appointed.
The trial has been set down for July 20 to August 21, and another session will start on October 6.
EBongweni, which is regarded as one of the most secure facilities in the southern hemisphere, has housed some of the country’s most dangerous criminals, including serial rapist and robber Ananias Mathe and Western Cape gang leader George “Geweld” Thomas.
Controversial tenderpreneur Vusimuzi “Cat” Matlala, who is alleged to be a criminal cartel member and is accused of attempted murder, was also transferred to Ebongweni in December.
TimesLIVE
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