AKA, Tibz murder case to resume in Durban

The trial of five men charged with the murders of Kiernan AKA Forbes and his celebrity chef friend Tebello “Tibz” Motsoane returns to the Durban magistrate’s court on Friday.

The matter was adjourned in August when the state asked for a postponement as it anticipated more arrests.

Lindokuhle Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 21, Mziwethemba Harvey Gwabeni, 36, and Lindokuhle Mhlaliseni Ndimande, 29, were refused bail in May.

The five also face charges of money laundering, conspiracy to commit murder, unlawful possession of a firearm, unlawful possession of ammunition and five counts of attempted murder.

Forbes and Motsoane were shot dead outside the Wish restaurant in Florida Road in Durban on February 10 last year.

Prosecutor Lawrence Gcaba said there had been developments in the case after the last court hearing. In August, the National Prosecuting Authority (NPA) confirmed the Eswatini court granted South Africa’s request for the extradition of brothers Siyabonga Gezani Ndimande and Malusi Dave Ndimande.

The two were arrested in Mbabane earlier this year and have been in police custody.

“The NDPP in KwaZulu-Natal revealed there is video footage of accused No 2 [Malusi] shooting as well as cellphone records. There is sufficient evidence to put the applicants on trial in SA. Murder is a crime in SA and Eswatini. We are asking that they be sent home, subject to compliance. A country is allowed to send (them) back home. The suspects are not facing any charges in Eswatini,” Nxumalo said.

However, their legal team said they were not happy with the extradition application, citing the safety of their clients as their main concern. They maintain the brothers fled South Africa due to taxi violence.

Gcaba said more people had also been approached for warning statements.

“Financial investigations are continuing and based on what we uncover we might have more arrests,” said Gcaba.

Sibusiso Dlamini, who represents Mkhwanazi and Myeza, asked the court for the date to be marked final.

Magistrate Vincent Hlatshwayo said: “By agreement between the state and the defence investigations need to be finalised, including all financials. There is also possible addition of outstanding accused.”

In May Hlatshwayo, who refused bail, said there was overwhelming evidence against the five, specially Gwabeni.

It emerged during their bail applications that R800,000 was paid into Gwabeni’s bank account a day after AKA and Motsoane were murdered. Gwabeni then transferred R665,000 to the other accused and the two brothers in Eswatini, but excluded Myeza.