Ndimande brothers, Malusi Dave and Siyabonga Gezani, after their lawyer informed the Durban Magistrate's Court that they will be applying for bail.
Image: Tumi Pakkies / Independent Newspapers
The two Ndimande brothers, Malusi Dave and Siyabong Gezani, who are charged along with five co-accused for the murders of award-winning rapper Kiernan ‘AKA’ Forbes and chef Tebello ‘Tibz’ Motsoane, have abandoned their bid to challenge their incarceration at Ebongweni Super Maximum Correctional Facility.
Instead, they now intend to apply for bail.
The intention to apply for bail was a last-minute decision by the brothers, who were extradited from Eswatini in late 2025.
During their appearance at the Durban Magistrate's Court on a Wednesday morning, their lawyer, Sibusiso Dlamini, asked the court to order that they be held at Westville Prison for two weeks to allow for more complete consultations, citing the limitations at Ebongweni.
Dlamini complained that consultations at the super maximum prison were monitored and limited, stating: “I was lucky to consult for 45 minutes. The consultations are monitored.”
He informed Magistrate Irfaan Khalil that the two brothers would be joining Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Gwabeni, and Lindokuhle Lindo Ndimande at the Durban High Court, where trial dates have been set for July.
Dlamini, who is the instructing attorney for all the accused, stressed the need for consultations for both the upcoming trial and the current matter.
He also mentioned that he would be instructing a senior counsel who would also need to consult with the Ndimande brothers.
However, senior State prosecutor, Advocate Elvis Gcweka, said the State did not know the reasons why the Department of Correctional Services (DCS) moved the brothers from Westville Prison to Ebongweni.
“The challenge that the State is having is that we are working for the NPA (National Prosecuting Authority). We don't know how the Correctional Services conducts its operations.”
Attorney Sibusiso Dlamini is consulting with the Ndimande brothers, Malusi Dave and Siyabonga Gezani, at the Durban Magistrate's Court on Wednesday.
Image: Tumi Pakkies / Independent Newspapers
Gcweka suggested that Correctional Services personnel should be called to court to explain the move and the limitations on consultations. He also expressed concern that the senior counsel mentioned by Dlamini was not present to confirm availability for consultations within the requested two-week period.
When the court questioned its authority to issue the order, Dlamini cited the case of Vusumuzi ‘Cat’ Matlala, who brought a similar application, arguing that in that instance, the High Court found his incarceration not to be in the interest of justice for consultation purposes.
However, Gcweka dismissed the comparison, pointing out that in Matlala’s application, DCS was represented, allowing the judge to make an informed ruling.
“It is not a matter of urgency to consult within the next two weeks. I think it's only fair to give the State and Correctional Services a chance to explain not only to the court but to the accused the limitation of the consultation time and perhaps why they were moved,” Magistrate Khalil ruled, ordering that the application be formally set down for hearing.
Ndimande brothers Malusi Dave and Siyabonga Gezani at Durban Magistrates Court.
Image: Tumi Pakkies/ Independent Newspapers
Following a short consultation with his clients and Gcweka regarding the dates for the hearing, Dlamini returned to the magistrate to announce a change in instructions: “It seems my instructions have changed. Now they intend to apply for bail.”
Gcweka, who also wanted to consult with lead prosecutor Advocate Lawrence Gcaba, questioned how Dlamini intended to consult for the bail application since they were abandoning the application to be moved to Westville for two weeks.