Murder-accused ANC councillor's detention in Kokstad hampers trial preparation: lawyer

The lawyer representing eThekwini councillor Mkhipheni Ngiba, who is charged with murdering two ANC members, says his client's detention at Kokstad maximum-security prison is hampering trial preparation.

Ngiba, 46, allegedly gunned down Siyabonga Mkhize and Mzukisi Nyanga while they were campaigning for local government elections in the Cato Crest informal settlement in October 2021.

Mkhize was touted as Ngiba's successor after he won the ANC nomination process.

Ngiba's co-accused are Nkosinathi Ngcobo, 38, Sandile Mzizi, 40, Sifiso Mlondo, 37, and his relative, Phathesakhe Ngiba, 25.

The latter is the only accused being detained at Westville prison.

Advocate Roshan Dehal said the time allocated for consultations by correctional services was insufficient.

"It's practically impossible. When you go to prison the time is also taken up by checks," he said, adding that this was also a challenge for families of the accused.

"My client has health issues. He is now deprived of seeking the doctor of his choice. My client has a right to a speedy trial."

He said the matter involved protracted bail hearings, which lasted from June 13 to August 19. During this time, Ngiba and his co-accused were held at Westville prison.

"The constitution provides that each accused has a right to a speedy trial," said Dehal.

Lindokuhle Mthembu, who represents Mzizi, said: "Trial preparation is crucial as it touches on the fundamental human rights of the clients," he said.

State advocate Elvis Gcweka said Ngiba's move to Kokstad was the result of a risk-assessment recommendation after a cellphone was found in his possession.

The matter has been postponed to April 18.

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