Fired ANC eThekwini ward councillor Muzi Ngiba has suffered another legal blow after proceedings in his bail bid on new facts did not go ahead in the Durban regional court on Monday.
Prosecutor advocate Lawrence Gcaba requested an adjournment, saying his preparations had been affected by a fire at the National Prosecuting Authority office in Durban on October 5.
This had prevented him gaining access to some of its facilities.
Ngiba is charged with the killing of ANC ward candidate Siyabonga Mkhize and Mzukisi Nyanga before the local government elections in Cato Crest in October 2021.
Ngiba and co-accused Nkosinathi Ngcobo are represented by advocate Andrew Matlamela. The other two accused, Sandile Mzizi and Vincent Mlondo, are represented by different counsel.
Gcaba said he had sent an email to the legal representatives of the accused informing them the matter was unlikely to proceed because of the fire, but he had not received any response.
“If that was not being proactive in trying to assist the court, I do not know what is,” said Gcaba.
The accused have been in custody for 19 months.
The court has accepted a letter which purports to be from Mzizi’s employers in uMdoni questioning his lengthy absence from work.
“Why discipline him after a year? This does not make any sense. Not after a year. This is questionable,” said Gcaba.
Magistrate Melanie de Jager ruled in the state's favour.
“It's undeniable that the right to a fair trial is a cornerstone of the constitution.
“Playing fields remain the same, and I agree with the prosecution that there needs to be a holistic approach when dealing with the matter.
“The state needed reasonable opportunity to file a responding affidavit. The matter is adjourned to November 23.”
TimesLIVE
Bail application of men implicated in ANC councillor Siyabonga Mkhize's death delayed by a month
Image: Supplied
Fired ANC eThekwini ward councillor Muzi Ngiba has suffered another legal blow after proceedings in his bail bid on new facts did not go ahead in the Durban regional court on Monday.
Prosecutor advocate Lawrence Gcaba requested an adjournment, saying his preparations had been affected by a fire at the National Prosecuting Authority office in Durban on October 5.
This had prevented him gaining access to some of its facilities.
Ngiba is charged with the killing of ANC ward candidate Siyabonga Mkhize and Mzukisi Nyanga before the local government elections in Cato Crest in October 2021.
Ngiba and co-accused Nkosinathi Ngcobo are represented by advocate Andrew Matlamela. The other two accused, Sandile Mzizi and Vincent Mlondo, are represented by different counsel.
Gcaba said he had sent an email to the legal representatives of the accused informing them the matter was unlikely to proceed because of the fire, but he had not received any response.
“If that was not being proactive in trying to assist the court, I do not know what is,” said Gcaba.
The accused have been in custody for 19 months.
The court has accepted a letter which purports to be from Mzizi’s employers in uMdoni questioning his lengthy absence from work.
“Why discipline him after a year? This does not make any sense. Not after a year. This is questionable,” said Gcaba.
Magistrate Melanie de Jager ruled in the state's favour.
“It's undeniable that the right to a fair trial is a cornerstone of the constitution.
“Playing fields remain the same, and I agree with the prosecution that there needs to be a holistic approach when dealing with the matter.
“The state needed reasonable opportunity to file a responding affidavit. The matter is adjourned to November 23.”
TimesLIVE
MORE:
eThekwini municipality removes murder-accused councillor Mzimuni Ngiba
Opposition parties call for speaker's head after city removes councillor arrested for murder a year ago
KZN ANC councillor jailed for alleged murder of colleague will hear his fate next year
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