News24.com | Clarification on stolen Mercedes-Benz will absolve client of links to AKA murder - defence lawyer

• Defence lawyer, advocate Annelene van den Heever, says she hopes clarity on a stolen Mercedes-Benz will absolve a client initially arrested in connection with the murders of AKA and Tibz.
• Siphamandla Ngcobo is among a group of people KwaZulu-Natal police arrested in Belhar, Cape Town on Sunday.
• Ngcobo has been charged in connection with a robbery that dates back to January this year.

A man who was arrested along with three others in Belhar, Cape Town, in connection with the murders of rapper Kiernan "AKA" Forbes and Tebello "Tibz" Motsoane, has been charged with robbery with aggravating circumstances.

Siphamandla Ngcobo, a parolee, appeared in the Durban Magistrate's Court on Thursday.

The three others have since been released, and police have confirmed the ongoing investigation into the killings.

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It was initially reported that five men were arrested, but the number of people arrested was revised to four after more information became available.

Ngcobo's lawyer, advocate Annelene van den Heever, is pinning her hopes on the clarification of allegations of a link between a white Mercedes-Benz that featured in the case against her client, and one that was seen speeding off shortly after the musician and his friend were killed outside a popular Durban restaurant in February.

Ngcobo's case dates back to an incident that occurred in January.

Van den Heever told journalists they were aware of suspicions of a link between the vehicle her client was accused of having hijacked and the vehicle spotted at the murder scene.

WATCH | Cops release 3 men in 'middle of the night' after arrests for AKA murder

"I'm not sure as to whether there is a link. Time will tell. I'm hoping that the link will be clarified during the bail application."

"However, it is important at this stage to emphasise that none of the people who were arrested have been positively linked to an assassination," she said.

Meanwhile, inside court, the National Prosecuting Authority (NPA) confirmed while the case against Ngcobo featured a stolen vehicle, it was not linked to the murders of Forbes and Motsoane.

Ngcobo and three others were arrested when the police swooped in on them in Belhar, Cape Town, on Saturday.

Van den Heever used most of Thursday's court proceedings to level several allegations against the police.

The list included assault, tubing and the making of threats against detainees.

She said: "The police indirectly interrogated my clients about the murder of a rapper whereas my clients have nothing to do with this assassination."

"Two of the three suspects who were released, were threatened by the police, and I have advised them to open a case."

Van den Heever added that Ngcobo had been "prominently assaulted" and had sustained bruises on his ankle, wrists, and back.

"I took photographs of the bruises as evidence.

"He has also complained that he now struggles with his vision and hearing because his head was covered and suffocated, using a plastic bag," she claimed.

Van den Heever said her clients were unlawfully detained and their rights violated because the police did not immediately charge and bring them to court "within 48 hours as required by law" after they were arrested.  

However, the State argued due to logistical delays, the police officers could only leave Cape Town on Tuesday, 28 March, and only arrived in KwaZulu-Natal in the early hours of Wednesday, 29 March.

Senior prosecutor Kuveshnie Pillay told Magistrate Ashwin Singh: 

"So, there was no unlawful detention.

"In terms of the assault allegations, advocate Van den Heever is well aware of where she can go to register her complaints," Pillay said.

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Singh then ruled in favour of the State.

He said: "I am of the view that the accused was brought to court within the legally stipulated time."

The magistrate agreed the accused should formally report their complaints against the police "so that they may be investigated".

The case was adjourned to 5 April, for the determination of the court to listen to Ngcobo's bail application.