Durban — The State has urged the Durban Magistrate’s Court to deny bail again to former ANC ward 101 councillor Mzimuni Ngiba and his three co-accused as it has proof that they intimidated and threatened the State’s key witness while in Kokstad Prison in December 2022.
Ngiba and his co-accused are charged with the 2021 murders of ANC ward 101 candidate Siyabonga Mkhize and party activist Mzukisi Nyanga. The accused are applying for bail for the second time, based on new facts. But the State has told the court that there are no new facts.
Senior prosecutor advocate Lawrence Gcaba told the court on Friday they had summoned the record of calls made at the Kokstad prison to establish that Ngiba had threatened the key witness.
The State alleges that Ngiba did not call the witness directly but used his associate to get to the witness. Moreover, Ngiba is allegedly pressing for this associate to be a ward candidate for his ward. The by-elections for the ward is on December 13.
Ngiba denied through his counsel, advocate Andrew Matlamela, the State’s claims that he is threatening witnesses.
Gcaba said he would have expected the defence to submit an affidavit or call the associate to take the stand as Ngiba denies threatening witnesses.
Ngiba further alleged that the witnesses were beaten up by the police to testify against him. The State disputed this. “They say they have information that the witnesses were threatened, but there is no evidence,” said Gcaba.
He added that the defence claimed that cases were opened with the Independent Police Investigative Directorate, (Ipid), however, in the statements submitted to court there was no signature or commission of oath.
“It’s a statement that has been typed; anyone can type a statement,” he said.
On the salary issue, Gcaba said the State had never said that Ngiba was still earning a salary as a ward councillor. He went on to read the affidavit prepared by an investigating officer in this matter.
“We are aware that applicant three (Ngiba) is still receiving a salary from the eThekwini municipality as a councillor. Opposition parties marched for his salary to be stopped. That is true; it was on the news. It has not been stopped; it appears that this issue is receiving attention and arrangements are being made, if not already made for his salary to be stopped. We did not mislead the court,” he said.
Gcaba also did not hold back when the defence blamed the State for the delays in this matter. He said on several occasions – detailed by the investigating officer in his affidavit – the pre-trial conference had never been heard because the defence was not ready.
“They can argue that they are exercising their rights. In their exercise of rights they can’t cry foul to say their matter is delayed. The State has never caused any delays,” he said.
The pre-trial conference has recently been postponed by the Durban High Court to January.
However, Matlamela maintained that the State was misleading the court and said Ngiba’s salary was stopped in September. He urged the court to grant his client bail and said that Ngiba can afford to pay R3 000.
The lawyers of the three other accused Nkosinathi Ngcobo, Sandile Mzizi and Sifiso Mlondo asked the court to grant their clients bail and maintained that they did not interfere with the State witnesses.
The fifth accused in the matter Phathisakhe Ngiba is not applying for bail.
The matter will continue next month.
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Daily News