5 men linked to AKA, Tibz murder to hear bail fate next Wednesday

Forbes and Motsoane were shot outside a popular eatery on Durban's Florida Road in February last year.

Bail proceedings in the Durban Magistrate's Court concluded on Friday afternoon, with the defence adamant that the State's case against their clients is weak, and that the interest of justice permits their release.

Pending investigations and an extradition process for two other men linked to the crime were some of the points argued by the defence as factors denying the accused their right to a speedy trial.

However, the State maintains it has evidence detailing the role, and payment of each accused person in executing the alleged hit.

State Prosecutor, Lawrence Gcaba, rebutted the claims by the defence saying the arrests were preceded by a lengthy probe.

"We first investigated, arrested, and no we're not going to prolong the investigation because we have done most of it before the arrests.

"We never folded our arms and said we are done. There are monies that we are going to follow, do an analysis on that - and there is evidence in this bail application. We don't want to find ourselves in trial being told we didn't follow up.

He said it would take another four to five months to be trial ready, adding that the state has enough prima facie evidence linking the accused to the crime. 

Gcaba also said the extradition of the Ndimande brothers, Siyabonga and Malusi, may take six months but that would not affect the start of trial.

"As and when that time comes, we'll have to make a decision whether we can try all of them in one trial. But if the situation is that we can't, we will proceed with those that we have. The case is not necessarily dependent on them being present."

However, defence lawyer, Advocate Simphiwe, Mlotshwa contended that, contrary to what has been reported in the media, the extradition itself has not begun and that this process could take years to finalise.

"It's clear as day that it's the intention of the state to prosecute these accused jointly with the fugitives that are in Swaziland… It's on that basis that I submit that that process hast be looked at in the greater scheme of things as it touches on the accused's right to a free trial in terms of Section 35 of the Constitution."

The accused will remain in custody until their next court appearance.

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