Durban - A MINOR accused of murdering 16-year-old Andile Mbuthu abandoned his bail application.
The teenager will be held at a place of safety under the watch of his mother until his next appearance on June 18.
The other six accused, Mlungisi Thabethe, 26, Andile Nhleko, 27, Mncedisi Mzobe, 27, Siyanda Msweli, 26, Lindani Ndlovu, 26, and Malusi Mthembu, 27, did not appear in court after attempts to get them transported from Westville prison failed due to logistical problems.
They are accused of killing Mbuthu last month.
The matric pupil went missing after he was believed to have stolen alcohol from a local tavern in Hambanathi in the oThongathi area.
His death resulted in outrage after a video of him being assaulted went viral on social media.
Defence attorney Chris Gounden said at the proceedings yesterday that he had called Westville prison to ensure the accused came to court so he could consult with them. But the six men were not able to be in court due to the Covid-19 restrictions.
Gounden said the men who were supposed to apply for bail yesterday had their rights infringed on.
“The rules of law are being flouted,” he said.
This was the second time in two weeks the matter had been postponed, Gounden said.
If it was not heard the next time they appeared, then the matter should be struck off the roll.
State advocate Krishen Shah said it was “business unusual” now with how coronavirus had affected the operations of the courts.
He said Gounden should have made a formal application to have the suspects taken from Westville to Verulam Magistrate’s Court for their appearance.
The regulations were a logistical nightmare, he said. The matter should be postponed until next week in the hope that level 3 regulations would give clarity on how courts would operate.
Magistrate Rajesh Parshotam adjourned the matter until next week.