Nomonde Zondi|Published
GOVERNMENT has agreed to assist lawyers in their efforts to return the seven defendants accused of murdering rapper, Kiernan “AKA” Forbes and his friend Tebello “Tibz” Motsoane, to Westville prison for a short period of time so that they can meet each other in relation to the trial.
The defendants Mr Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Gwabeni, Lindokuhle Mhlaliseni Mkhwanazi and the brothers Malusi and Siyabonga Ndimande were moved from Westville prison to Bongweni, Kokstard in December last year.
This happened shortly after the Ndimande brothers were brought back to this country from Swat.
Since then, lawyers have been complaining that the prison’s strict policies make it difficult for them to see their clients properly.
They stated that the inability to meet satisfactorily with their clients is what led to the trial of the friends who were killed in February 2023 on Florida Road in Durban, not continuing on July 20 as planned.
This appeared yesterday at the Durban High Court before the judge, President Thoba Poyo-Dlwati.
The lawyers told the court that the meeting plans with the defendants in this prison have strict terms that do not allow enough time to prepare for the start of the trial.
“Meetings are allowed to be only 30 minutes and to make things difficult, especially when you look at how many rounds have to be done (in this prison). It has become apparent that negotiations are not easy,” said Advocate Simphiwe Mlotshwa, who represents Thabani Mkhwanazi and the Ndimande brothers.
He also pointed out that telephone conversations, the law says, do not exceed ten minutes.
The court also heard that some lawyers would not be present in July of the year when the trial was scheduled to begin.
Judge Poyo-Dlwati expressed concern that these issues are being brought up now even though the hearing dates for the case had long been announced.
He said he wanted to point out that any delay in the beginning of the trial will hurt the defendants as well as the family of the deceased.
He expressed his disappointment that the case will not start hearing on the days it was scheduled to be heard, especially because he had warned all the lawyers to ensure that they will be there when the case starts to be heard.
The Deputy Director of Public Prosecutions, Advocate Lawrence Gcaba, told the court that the State once made a proposal to assist the lawyers by talking to the Department of Corrections that the defendants be detained in Westville prison so that they can see each other properly.
Gcaba stated that the lawyers have filed a separate request that all the defendants be returned to Westville prison.
He explained that the State was not part of the plans for the application, which is believed to be heard at the Durban High Court in early July this year.
However, Gcaba agreed that he will assist in bringing the defendants back to Westville prison for two weeks so that they have enough time to have discussions with their lawyers.
He emphasized that the final decision on this matter is in the hands of the Department of Corrections.
“We’re just making a proposal, we’re not forcing it because we don’t know what their plans are,” said Gcaba.
The case was adjourned to August 13, for final submissions. The court then decided that its trial will be postponed to October 5.