The pre-trial conference of three men accused of killing a former chief of KwaXimba, Zibuse Mlaba was delayed on Thursday morning at Camperdown Regional Court due to legal aid counsel withdrawing from the case.
Mlaba, a former KwaZulu-Natal MPL and ANC veteran was shot dead on October 21, 2021, outside his office at Wareing Shopping Centre.
Mthobisi Tsebang Dubazana (30), Nhlanhla Lungelo Hlongwa (30), and Fortune Dlamini (29) are charged with his murder.
The trio's pre-trial conference did not start. An attorney from legal aid Tuketwane, representing Dubazana and Hlongwa, told the court that he was withdrawing from the matter. He said he had made arrangements with the State for a new date.
He said he had indicated when he came for consultations that the matter would be transferred to Judicare.
“They have asked me to request for three weeks,” he told the court.
State senior prosecutor advocate Elvis Gcweka confirmed what Tuketwane said. He asked for the matter to be postponed to the end of the month so that the accused could be assigned a new legal representative.
It is, however, unclear whether the pre-trial conference will continue at that stage.
Dubazana was denied bail last year by the Camperdown Magistrates Court. Hlongwa and Dlamini have since abandoned their bail application, saying they fear for their lives.
Meanwhile, the Durban High Court had to postpone the matter of five men accused of killing Siyabonga Mkhize, an ANC ward candidate in eThekwini, and Mzukisi Nyanga an ANC activist, due to a death in the family of a state witness.
The duo was shot and killed in October 2021 ahead of the local government elections. A state witness earlier this week told the court that the murders were because of political tensions within Ward 101.
During that time there were two factions of the ANC in this ward. One was called Unity and Continuity (U&C), and the other was called Renewal Rebuilding Unity (RRU).
Mzimuni Ngiba, Nkosinathi Emmanuel Ngcobo, Sandile Mzizi, Sifiso Vincent Mlondo and Phathisakhe Ngiba were arrested for the killings.
Mkhize and Nyanga were members of the U&C faction and all four accused, excluding Mzizi, were members of the RRU faction. Mzizi was not an ANC member.
Judge W. Harrison said the rights of the witnesses also need to be respected. Advocate Andrew Matlamela asked for the witness to bring a death certificate.
Moreover, Judge Harrison told counsel to use this opportunity to sort out any logistics that they may have. He further said from next week the matter will start at 9am to make up for lost time.
The matter will continue on Friday.