Durban — The burning of the National Prosecuting Authority (NPA) building has been cited as one of the contributing factors to the postponement of the second bail application of murder-accused ANC councillor Mzimuni Ngiba and others.
Ngiba and his co-accused – Nkosinathi Ngcobo, Sandile Mzizi and Sifiso Mlondo – are accused of killing ANC ward 101 candidate Siyabonga Mkhize. They are applying for bail for the second time based on new facts. The first bail was denied. There are five accused in this matter, including Phathisakhe Ngiba, however, Phathisakhe is not applying for bail as he is attending court for other alleged crimes.
The senior State prosecutor, advocate Lawrence Gcaba, asked the Durban Magistrate’s Court on Monday morning to postpone the case as all the material the State had to use to reply to the bail application was in the office that burned on October 5. He said they were not allowed to be in the building as it was not safe, however, last Friday they were able to obtain the “minimum information” that was needed urgently.
Gcaba added that he had emailed the defence to alert them of the challenges the State was facing.
“I did not receive any response from my learned friends except from advocate Ngcobo,” he said.
However, the defence opposed Gcaba’s request and accused him of not being a hard-working prosecutor. They said he was using the burning of the building as an excuse to have the matter postponed.
Advocate Andrew Matlamela said the owner of the building would have to confirm what Gcaba is saying about the burning of the building. He said he had not received any letter from Gcaba about this. Magistrate Melanie de Jager asked a court staff member to give the letter to the council. Matlamela saw the letter and read it.
“I still oppose this postponement. This is a different case, the investigating officer can take the stand,” he said.
He said bail applications were urgent. Advocate Brown and advocate Nontuthuko Mthethwa agreed with Matlamela.
Magistrate De Jager postponed the matter to November and said both sides need to be heard and it is not disputed that there are problems with the building.
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