DURBAN-(MaraviPost)-The Durban Magistrate’s Court on Wednesday, May 15, 2024, denied bail for the men accused of killing rapper Kiernan “AKA” Forbes and his friend, chef, and entrepreneur Tebello “Tibz” Motsoane.
AKA and Tibz were shot dead outside the now-defunct Wish on Florida restaurant in Durban, in February 2023.
According to the police, AKA was the target and Tibz was collateral damage.
Accused linked to the murders of Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane in the Durban Magistrate’s Court during a previous appearance. (Mbali Dlungwana)
Lindokuhle Thabani Mkhwanazi, 30; Lindani Ndimande, 35; Siyanda Myeza, 21; Mziwethemba Gwabeni, 36; and 29-year-old Lindokuhle Ndimande have been charged for the double murder, but they have denied any involvement.
The men face charges of murder, attempted murder, money laundering, as well as the illegal possession of firearms and ammunition.
According to the State, Gwabeni was the alleged coordinator of the hit and he received R800 000 from multimillionaire taxi business owner Mfundo Gcaba for it, whereafter he shared the money with his co-accused after AKA and Tibz had been killed.
During the bail application, the court heard that Gcaba, who has never been charged in connection with the matter, had released a press statement denying that he sponsored AKA’s assassination.
In the said press statement, Gcaba averred that the money was for a normal business transaction.
Gwabeni made a similar claim in his bail bid, adding that he and Gcaba had been doing business together for a long time.
On Wednesday, Magistrate Vincent Hlatshwayo said the accused’s application was heard under Schedule 6 of the bail legislation, which put an onus on them to prove exceptional circumstances warranting their release on bail.
The magistrate noted that the accused had made several individual arguments for their release on bail, but all similarly claimed the State’s case against them was weak.
The accused claimed that the State’s case was based on conjecture, and further said this was why Gcaba had not been arrested.
The State also opposed bail on grounds including that the accused were already charged in other murder cases, which pointed to their potential danger.
News24 previously reported that the accused were collectively linked to 19 other murder counts. Against this backdrop, the State referred to the accused as a “dangerous gang”.
Before arriving at his decision, Hlatshwayo said he considered whether there was prima facie evidence against the accused if they had proved exceptional circumstances to warrant their release on bail, and if there was any risk associated with their release.
Hlatshwayo said:
After considering the state’s evidence … it would be reckless and irresponsible to allow the accused to be released out on bail.
State advocate Elvis Gcweka informed the court that the police had not completed a financial investigation on the matter and bail proceedings had raised new matters to be probed further.
He suggested the matter be adjourned until August 8, 2024.
The defence did not oppose this and Hlatshwayo granted the State’s request.
The defence also indicated that they planned to appeal Hlatshwayo’s ruling.
The accused are expected to remain in the Westville Correctional Centre in Durban until their next court appearance.
Source: https://www.news24.com/
