The Hammarsdale Magistrate’s Court has dismissed an application challenging the validity of an arrest warrant used to detain a traditional healer accused of masterminding the murders of an ANC Youth League member and two Durban metro police officers.
Khethukula Ncayiyana appeared in court on Thursday for a bail application after being arrested last week by the Political Killings Task Team.
He is accused of being involved in the killings of Thamsanqa Gcabasha, Lindokuhle Madonsela and Ndumiso Thusi, who were murdered four years ago.
During proceedings, Ncayiyana’s lawyer argued that the warrant used to arrest his client contained several errors and was therefore invalid.
The defence further claimed that the arrest was carried out improperly and that police had failed to provide a copy of the warrant.
The lawyer argued that the alleged deficiencies rendered the warrant unlawful and should result in it being set aside.
However, state prosecutor Advocate Lawrence Gcaba argued that the magistrate’s court did not have the jurisdiction to overturn a warrant that it had previously authorised.
The magistrate agreed with the state’s argument and ruled that only the High Court has the authority to reverse the decision to issue the warrant.
The application was consequently dismissed, clearing the way for the bail proceedings against Ncayiyana to continue.