Pre-trial hearing for 5 accused in the AKA's murder matter will commence in June

THE pre-trial conference into the murder of well-known rapper Kiernan "AKA" Forbes and his friend chef Tebello 'Tibz' Motsoane will commence on June 12.

Judge Jacqueline Henriques who is presiding over matter at the Durban High Court confirmed the adjournment after the five accused appeared briefly before her on Thursday.

The former acting director of public prosecutions in KwaZulu-Natal, Advocate Simphiwe Mlotshwa, instructed by attorney Sibusiso Dlamini, would be representing all five accused in a matter that has drawn much media attention and public interest. 

Advocate Lawrence Gcaba, the KZN deputy director of public prosecutions, confirmed Mlothshwa and Dlamini's appointment during proceedings.  

Forbes and Motsoane were shot and killed outside Wish restaurant in Durban on Florida Road on February 10, 2023. 

The five accused, Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Harvey Gwabeni, and Lindokuhle Lindo Ndimande, made a brief appearance in this court. 

Included on the list of charges they face were two counts of murder, conspiracy to commit murder, five counts of attempted murder, two counts of unlawful possession of a firearm, and unlawful possession of ammunition. 

Gcaba agreed that the matter be postponed to June 12 for a pre-trial conference, while Mlotshwa would travel to eSwatini for the extradition appeal of the two other accused in the matter, Siyabonga Gezani Ndimande and Malusi Dave Ndimande. 

Previously, Mlotshwa represented Mkhwanazi and Lindokuhle Lindo Ndimande, while Myeza was represented by attorney Yolanda Gielink; Gwabeni and Lindani were represented by advocate Joe Wolmarans. 

The State has alleged that Gwabs Mining, owned by Gwabeni, received R803 455 from a company called Bright Circle, where Mfunda Gcaba was a sole director with reference services of consult, when in fact it had been for AKA’s murder. 

The money was received a day after the murder. According to cellphone records, it has been alleged that Gwabeni made a phone call to a number linked to Mfunda before the money was deposited. 

The State said that Gwabeni transferred over R100 000 into the bank accounts of his co-accused. and that he followed AKA and his entourage from the airport until he arrived at a hotel in Mhlanga. 

When Gwabeni applied for bail on new facts, Gcaba said they had received footage from the airport, which clearly showed Gwabeni following the wrapper while he was on the phone.

Additionally, the State alleged that Lindokuhle Lindo Ndimande was at Wish Restaurant whilst AKA was there and chose a spot where the rapper and his company would be within his sight. 

The State said he was busy on his phone with a meal before him, but also kept an eye on AKA’s movements, and when the shooting occurred, he remained inside the establishment and was not shaken like the other patrons were. 

Myeza and Lindani Zenzele Ndimande and made another appearance in the dock shortly thereafter.

The pair were charged alongside Siphamandla Ngcobo from Capella beach and Mduduzi Comfort Ngubeni from uMlazi township for robbery with aggravating circumstances, kidnapping, murder, conspiracy to commit murder, attempted murder, possession of a prohibited firearm and unlawful possession of a firearm. 

They are accused of killing Siyabonga Ngcobo, who was part of the Lamontville Taxi Association, on March 6, 2023.  The accused were making their first appearance for the Ngcobo matter, where the State asked for the matter to be postponed to June 12. 

nomonde.zondi@inl.co.za

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