A potential conflict of interest has prompted two men to appoint separate attorneys to defend them against allegations that they killed Rugaya and Riedwaan Addinall, both 82, in their Ottery home, the Wynberg Magistrate's Court heard on Tuesday.
Gcinile Litha Oscar Ngcobela, 29, and Lwazi Ntsibantsiba, 20, face two charges of murder, as well as counts of robbery with aggravating circumstances and attempted theft.
Ngcobela, who wore a Mamelodi Sundowns top and brown pants in the dock, was the couple's gardener and he worked for the family for years. His co-accused wore an oversized tweed jacket, white T-shirt and pants.
It previously emerged in court that they allegedly strangled the couple last month and fed them rat poison.
The elderly man and woman were found murdered in their Sandown Drive home and the men were arrested four days later.
They allegedly tried making off with the couple's vehicle, a microwave and a television but couldn't get the car started because it apparently did not have a battery.
Ngcobela's fingerprints were allegedly found on the vehicle and microwave.
Konisi said the men were found in possession of items that included a remote control and car keys. Rat poison was also allegedly found in their possession.
At their last appearance, Ngcobela made clear his intentions to make a "confession".
On Tuesday, the court heard that a separate attorney would be appointed for Ntsibantsiba because the defence had identified a potential conflict of interest.
Prosecutor Nicky Konisi said she was not opposed to a Judicare appointment, which is a Legal Aid service that provides pro bono assistance from private legal practitioners.
"The case is postponed so each of you can have your own attorney because it seems there are going to be problems," said Magistrate Goolam Bawa as he provisionally postponed the matter to the end of the month.
Both accused shared their troubles and concerns with Bawa about the postponement.
Ntsibantsiba was worried he would be behind with his Grade 12 schoolwork and Ngcobela said he had not paid rent or maintenance for his 11-year-old child in the Transkei.
Ngcobela added that his home was not locked and his family did not know he was in custody.
Bawa said there was only so much he could do but advised that the Prisoners Friend service could help them get hold of relatives.
The men are in custody.