After more than three years and dozens of adjournments, a former ward councillor must explain his role was in the attacks.

Durban - After more than three years and dozens of adjournments, former Albert Park ward councillor Vusi Khoza will have to tell the court what his role was in an alleged xenophobic attack in which two people died.

Khoza, an ANC member, and co-accused Patricia Ballantyne, Sean Thabo Jacobs and Mzokuthoba Mngonyama were charged with public violence over a January 2009 attack at Africa Venture House in Yusuf Dadoo (Broad) Street, Durban.

Jacobs also faces charges of attempted murder and malicious damage to property. All four have pleaded not guilty.

Victor Zowa, from Zimbabwe, and Said Omari, from Tanzania, died and Zimbabwean Eugene Madondo was severely injured in the attack.

On Wednesday, Durban regional court magistrate Fariedha Mohamed dismissed an application brought by the legal team for Khoza, Ballantyne and Jacobs to have the case against them dismissed on the grounds of insufficient evidence.

The case was adjourned to next month. - The Mercury