The Durban Magistrate's Court refused bail to two of the five suspects accused of the murders of rapper Kiernan 'AKA' Forbes and celebrity chef Tebello 'Tibz' Motsoane. Mziwethemba Harvey Gwabeni and Lindokuhle Ndimande had submitted a second bid for bail last week, claiming that new facts had emerged since their initial applications last year.

WASTING COURT'S TIME

The magistrate presiding over the matter, Vincent Hlatshwayo, described the second bail bid as an abuse of court processes, stating that the accused did not present new facts that were unknown to the court. "They can't repeat the same application for bail on the same set of works week in, week out. The court may also not, in the absence of new facts justifying the granting of bail, set aside its own earlier decision of bail or refusal of bail in this regard,' Hlatshwayo said.

EXTRADITION IS NOT AN ISSUE

Hlatshwayo dismissed the accused's belief that the extradition of the Ndimande brothers, who were arrested and detained in eSwatini, affected their bail. "The state committed itself to proceed with the matter with or without the two Ndimande brothers in eSwatini. It was the state's commitment that in as much as proceeding with the matter without the two Ndimande brothers will come with the potential prejudice to the witnesses, who will have to testify twice about the same subject, it is the prejudice they can live with.' Gwabeni had said in his bail application affidavit that his youngest child had to receive counselling after the initial refusal of bail, while his other child's school fees are in arears and one of his wife also attends counselling. Ndimande said his taxi was involved in an accident and hasn't been repaired. His family has suffered financial prejudice because he is behind bars as the sole breadwinner. Hlatshwayo said,"Looking at the evidence in its totality, it is the finding of this court that this court cannot and should not assist the applicants because the facts presented are not new and they should not be entertained."