BAIL application for accused number two in the Kiernan AKA Forbes and Tebello Tibz Motsoane murder case will have to be re-done.
This is after the defense for Lindelani Ndimande brought a charge sheet from Eswatini on Monday, 18 March, in the Durban Magistrates Court.
The state said it was irrelevant, had no stamp and that it does not prove it's from Eswatini.
During the bail application hearing for the five suspects linked to the murders of AKA and Tibz, Lindokuhle Mkhwanazi, Lindelani Ndimade, Siyanda Myeza, Mziwethemba Gwabeni and Lindokuhle Ndimande, charges of murder, attempted murder, illegal possession of firearms and ammunition and money laundering were addressed.
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Advocate Joe Wolmarans, representing Ndimande, read the accused's affidavit wherein he mentioned that he is a maskandi artist and a bodyguard who owns four minibuses.
He said Ndimande pleaded not guilty to the charges levelled against him and mentioned that he has four minor children aged 15, 12, two and one.
He said Ndimande generates an income of R250 000 from the taxi business.
Advocate Wolmarans also brought to court documented supporting the affidavit.
And among the documents is a charge sheet which they allegedly obtained from the Manzini Magistrates Court in Eswatini.
However, state prosecutor, Advocate Lawrence Gcaba asked how the documents from Eswatini were accessible to another country.
He asked who made the handwritten notes and why the charge sheet is not certified and has no stamp.
"This document, the charge sheet, can't be admitted in court. The charge sheet doesn't relate to this matter. It relates to other persons in the Manzini Magistrates Court, " he said.
Advocate Wolmarans insisted that the charge sheet is relevant to the matter.
"Everyone knows about the charge sheet, it's a public document. The application to the extradition relates to this matter. It's relevant because those people are going to come here," he said.
Magistrate, Vincent Hlatshwayo said he will not look at the charge sheet.
"Everyone must adhere to the court rules," he said.
Ndimande's bail application will have to be re-done on Tuesday, 19 March.
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