Maloyi and Kay bail hearing delayed

GRAAFF-REINET NEWS - Murder accused Lwazi Kay (35) and Nomphelo Maloyi (36), appeared in court again on Monday 15 May for the continuation of their bail application hearing. Maloyi and Kay are charged with the premeditated murder of Moloyi's uncle, Mynhardt Maloyi (66), in November last year.

It is alleged that Maloyi offered to pay Kay R20 000 to kill the 66-year-old since she had taken out a life insurance policy on her uncle's life and wanted to get her hands on the payout.

Unfortunately the hearing could not continue on Monday as Zolile Ngqeza who represents Maloyi and Magistrate Nontutuzelo Mabenge were both unavailable. The state prosecutor, Katlego Ncube, indicated that Mabenge will not be available for the next two weeks as she is dealing with a death in the family.

Ncube also said that the investigating officer, detective Monwabisi Morley will be unavailable from 28 May until 2 June due to investigating duties. The next available date for the continuation will, therefore, be on 5 June.

Ncube says Ngqeza has been informed but says it is unacceptable that the bail application be remanded for three weeks.

On top of this Ngqeza is unavailable on 5 June as he has to attend to a High Court matter and his only availability next month is on 1 June.

The state suggested that the parties involved find a date sometime next week and, if the transcribed records can be made available, another presiding officer may be able to take over. However, according to Magistrate Tiffany Potts, this will not be possible.

The court will have to rely on digital recordings as transcribed records are only for appeal court and not for trial court. Magistrate Potts said a judicial officer would have to be brought from another court to as she herself "cannot preside over the case".

After some deliberation it was decided that the hearing be remanded until 29 May when Magistrate Mabenge will be available. The matter was stood down for the parties to decide on the most appropriate date for continuation of the bail application hearing.

The court appearances of the two accused in March attracted a huge crowd of protestors who campaigned against bail for the two accused, but it seems as if public interest in the case has waned as only a handful of people attended the proceedings on Monday.

Kay is represented by Nkosazana Gxumisa of Legal Aid SA.

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