Court confiscates licence

2013-02-28 00:00

A DURBAN student charged with causing the death of a Pietermaritzburg jogger will not be allowed to drive a car until the conclusion of his case.

Zandisile Sduduzo Akeem Ndaba (21) of Morningside in Durban, had his arm in a sling when he appeared in court yesterday on a murder charge arising from the death of accountant Neil Robinson (60), who was hit by a car while jogging earlier this month.

He was released on R5 000 bail by Magistrate Ashin Singh.

The case was adjourned to April 30.

The court ordered Ndaba to surrender his passport and driver’s licence to the police as he may not drive until the case is finalised.

Ndaba appeared in court wearing a baggy, beige chequered jacket and holding his arm in a sling.

Ndaba’s lawyer, Jacques Botha, objected to the State’s request that Ndaba not be allowed to drive, saying it amounted to a “pre-emptive form of punishment”.

However, Singh said he agreed that Ndaba should not be allowed behind the wheel of a vehicle while out on bail.

Ndaba is charged with murder (alternatively culpable homicide) for allegedly causing Robinson’s death on February 9; reckless and negligent driving; and two counts of malicious injury to property.

Singh expressed the view that the two counts of malicious injury to property (arising from allegations that Ndaba drove into and damaged the gates and fences of two properties) are “not sustainable” as Ndaba could not have intended to cause the damage.

In his affidavit in support of his bail application, Ndaba said he “shall most definitely plead not guilty to all charges”.

However, acting on legal advice, he would not delve into the merits of the case in the bail application.

“I shall only be in a position to properly deal with the merits once appraised of the precise nature of the allegations levelled against me.”

Ndaba said he grew up in Edendale and attended Kloof High School, matriculating in 2010.

He is currently in his third year at the Durban University of Technology, studying quantity surveying and construction management.

He said he is totally reliant on his parents for financial and other support and has no assets.

Police investigating officer Samantha Kerr said she did not object to Ndaba’s release on bail, but asked the court to take away his driver’s licence.

Robinson, an accountant at Britz Blore & Associates, was killed while jogging along Alexandra Road extension with his partner, Lynn-Rae van den Berg. The couple were training for the Maritzburg Marathon.

• ingrido@witness.co.za

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