Two of the men who are among those accused of killing Kiernan “AKA” Forbes and his companion Tebello “Tibz” Motsoane have been denied bail by the Durban Magistrate’s Court on Wednesday.
Mziwethemba Gwabeni and Lindokuhle Ndimande had applied for bail for the third time based on “new facts“.
As the accused entered court, Gwabeni looked visibly jaded and gazed at the ground but gave the proceedings his full attention, once it began.
However, Magistrate Vincent Hlatshwayo said the accused should not have been permitted various bail attempts.
In May last year, the duo’s initial bail application was denied, and they appealed that ruling in the Durban High Court, and were not successful.
Hlatshwayo said the issue of Gwabeni’s children’s school fees was dealt with in the initial bail application. He said the matter of his children was a sensitive issue and as per the law, they must be raised by both parents.
Hlatshwayo said the issue of Gwabeni’s children’s school fees was dealt with in the initial bail application, and he said he was going to be able to pay for school fees while incarcerated.
However, Hlatshwayo said the mother was capable of taking care of the children as she was a medical doctor.
He said the court was of the view that Gwabeni was likely to interfere with State witnesses. The State raised this concern in the initial bail application.
Speaking about Ndimande’s taxi, he said it was in an accident and it used to make R20 000 a month.
Hlatshwayo said common sense dictated that such an item making R20 000 would be looked after and there should be plans made to ensure that this item is looked after.
“This item was in an accident and it was not reported and the vehicle was left like that. With all due respect, this does not make sense,” said Hlatshwayo.
He said looking at the evidence of both applicants, there were no new facts. “Bail is denied,” said Hlatshwayo.
Senior State prosecutor, advocate Elvis Gcweka, asked for the court to postpone the matter to February 7 for serving of indictments.
DAILY NEWS