The traditional leader of KwaNxamalala Traditional Authority Inkosi Simphiwe Zuma who is facing multiple murder charges had his transfer from the Pietermaritzburg Regional Court to the High Court delayed after he applied for bail.
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The transfer of murder charges against KwaNxamalala traditional leader Inkosi Simphiwe Erick Zuma to the Pietermaritzburg High Court was halted at the eleventh hour after he indicated that he intends applying for bail in one of the cases against him.
The Pietermaritzburg Regional Court had been expected on Thursday to refer two murder cases involving Zuma to the High Court, where trial dates were set to be arranged.
The matters relate to the murder of former KwaNxamalala Traditional Authority induna Qalokunye Zuma in Mpendle and the killing of anti-illegal land invasion activist Xolani Ntombela.
The State intended serving Zuma with a summons to appear in the Pietermaritzburg High Court in July for the commencement of trial proceedings.
However, the transfer was delayed after Zuma informed the court that he wished to revive a bail application in the Ntombela murder matter.
Zuma had previously withdrawn the bail application after being denied bail in a separate murder case.
His attorney, Mduduzi Nkomo, told the court that the defence had reconsidered its position.
"I have been instructed to apply for bail. The reason we are applying for bail in this case is that we are challenging the dismissal of the bail application in the other matter. We do not want a situation where, if that challenge succeeds, Inkosi remains in custody because he never applied for bail in this case," Nkomo said.
State prosecutor Advocate Elvis Gcweka opposed the move, arguing that Zuma had ample opportunity to seek bail while the matter was still before the Howick Magistrate's Court.
"He chose not to apply for bail because he knew he had already been denied bail in another murder case. He knew that even if he was granted bail in this matter, he would remain in custody," Gcweka submitted.
Presiding Magistrate Canon ruled that the matter could not be transferred to the High Court while a bail application remained pending.
"Once the matter is before the High Court, he will no longer be able to apply for bail," the magistrate said.
The case was postponed to June 25 for the bail application to be heard.
Zuma is jointly charged with co-accused Thembelani Mbatha. Another accused, Thabo Mathonsi Chonco, pleaded guilty to the charges and was sentenced to 20 years' imprisonment.
Meanwhile, proceedings relating to the murder of DA councillor Nhlalayenza Ndlovu of the uMngeni Local Municipality were also delayed.
Chonco and Khayelihle Shabalala had been expected to enter guilty pleas in that matter. However, the proceedings could not continue after their attorney, Zipho Khanyile, reported being ill and was absent from court.
That case has been postponed to July 2.
Zuma and co-accused Thobani Masobho Hlongwa continue to deny the charges against them.
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