BathiniMshumayeli a 23 year old South African has been arrested for murder which he claims he has no knowledge of. He is always with his twin brother Banako Mshumayeli which the SAPS is looking for and cannot find at present. He comes to you as an attorney to provide instructions to you in respect of him requesting you to represent him in the trial as he is out of bail of R5000,00 as he says it. However, he indicates to you during the consultation that the SAPS has also arrested James Mculo old who is a 16 year from the same area of residence in Eziphunzana in Johannesburg for the same crime and they say that they have committed the crime together.

Please advise him in respect of the Joinder and Separation of Trials where there is a need to do so, please include case law that might be relevant to this case.