The two, Mzwithemba Gwabeni and Lindokuhle Ndimande, brought their application last week saying there are new facts. But the Court has found no new information to justify their petition. They are part of five men accused of the 2023 murder.

Legal Expert Abigail Ngobene says in a murder case, an accused must prove exceptional circumstances on why they should be granted bail.

"They have to adduce and prove to the court exceptional circumstances, not just personal circumstances. Exceptional circumstances, and in terms of the case law, such exceptional circumstances must be somehow peculiar in nature, extraordinary. When you consider that, the interest of justice, balancing the interest of the applicant, as well as that of the society and the interest of justice, should determine if they have been able to really, on a balance of probabilities, prove to the court that it's in the interest of justice for them to be admitted to bail," said Ngobene.

--SABC--