Sibongile Mbambo and her partner Phumlani Mbokazi who are accused of staging the kidnapping of Mbambo’s one-month-old baby daughter are expected to appear in the Durban Magistrate’s Court on Wednesday.

Police believe Mbambo and Mbokazi staged Friday’s hijacking of Mbambo’s white Toyota Yaris with Mbambo’s baby still inside.

On Monday Magistrate Mahomed Motala postponed the matter to Wednesday for DNA tests.

Mbokazi’s lawyer Andile Dakela told reporters outside the court that his client had been in a relationship with Mbambo and that they had a child.

Dakela said if it was found that Mbokazi was the father, the charge would fall away. He said he did not feel Mbokazi could be accused of hijacking.

“The charge of hijacking will fall away because the lady voluntarily handed the child over to my client. From where I stand there is nothing further than this logical explanation.”

The judge ordered that Mbambo and Mbokazi remain in custody until their next appearance.

The baby was found alive early on Sunday morning.