Durban — Four men including an ANC eThekwini Ward 101 councillor Mzimuni Ngiba, accused of killing his predecessor Siyabonga Mkhize lost their court appeal to be detained at the Department of Correctional Services Westville.
Ngiba, Nkosinathi Ngcobo, Sifiso Vincent Mlando and Sandile Mzizi appeared at the Durban Magistrate’s Court on Wednesday where they gave reasons for not wanting to be detained at Ebongweni Maximum Correctional Services centre.
Their legal representatives brought the application before Magistrate Vanitha Armu.
Advocate Roshan Dehal argued that the accused were a distance away from their families, who are unable to visit them and that he could not consult with his clients because it was a three-hour drive to the facility.
Dehal added that the correctional services did not allow them enough visitation time to discuss the case with his clients Ngiba and Ngcobo.
He argued that the accused’s rights were being violated.
“This is done to frustrate the defence, the accused and the process. Their constitutional rights are being violated, Section 35 (3) of the Constitution states that everyone has a right to a fair trial. The accused are being isolated at Kokstad prison, there are no beds, if you are lucky you get a small sponge. Furthermore, their bail application took months,” said Dehal.
He added that his clients were taking medication for chronic diseases and that they were not receiving the correct medication at Kokstad prison. Dehal said Ngiba suffered from blood pressure, and gout and Ngcobo suffered from depression and heart conditions.
Dehal said Ngiba’s wife brought him medication regularly while he was detained in Westville. Lindokuhle Mthembu of LM Attorneys, a lawyer representing Mzizi emphasised that the court would not lose anything by moving his client from Kokstad prison.
The National Prosecuting Authority advocate Elvis Gcweka told the court that there was a reason for their transfer to Kokstad. He further explained that a cellphone was confiscated and the safety of the witnesses was not guaranteed.
“There is a reason why this courtroom is full of heavily armed policemen, while the suspects were in Westville a cellphone was confiscated and police are trying to get more information, the safety of the witnesses is not guaranteed. There is a reason why there is a correctional services department and a police department. This application should be going to correctional services, the medication issue is to be raised with correctional services,” explained Gcweka.
Gcweka stated that the court could not take a decision without hearing from correctional services.
Magistrate Vanitha Armu dismissed the application and said the court did not have the power to say whether the accused should be at Westville prison or at Ebongweni Maximum Correctional Centre in Kokstad.
Armu postponed the case to November for serving a high court indictment.
Mkhize, an ANC councillor candidate was killed before the local government elections in November 2021. He was standing for election in Ward 101 in Cato Manor.
ANC provincial secretary Bheki Mtolo said Ngiba was still a councillor but was on the step-aside rule until the matter was finalised.
Daily News