Two of the five men accused in the high-profile murder case of rapper Kiernan "AKA" Forbes and his friend Tebello "Tibz" Motsoane will make a fresh bid for bail. Mziwethemba Harvey Gwabeni, 36, and Lindokuhle Ndimande, 29, have filed a notice of motion for bail based on new facts, according to the National Prosecuting Authority (NPA). Their application will be heard in the Durban magistrate's court on Thursday.
This development follows the May 2024 denial of bail for all five accused – Gwabeni, Ndimande, Lindokuhle Thabani Mkhwanazi (30), Lindani Zenzele Ndimande (35), and Siyanda Eddie Myeza (21) – by Magistrate Vincent Hlatshwayo. The magistrate cited overwhelming evidence against the accused, particularly Gwabeni. The court heard that R800,000 was deposited into Gwabeni's bank account the day after the murders, with subsequent transfers of R665,000 to other accused and two brothers in Eswatini (excluding Myeza).
The five accused face multiple charges, including five counts of attempted murder, unlawful possession of firearms and ammunition, money laundering, conspiracy to commit murder, and unlawful possession of a firearm and ammunition. The charges stem from the fatal shooting of Forbes and Motsoane on 10 February 2023 outside the Wish on Florida restaurant in Durban.
The case has been significantly complicated by ongoing extradition proceedings for Siyabonga and Malusi Ndimande, two brothers residing in Eswatini who are also alleged to have been involved. Despite an extradition order from the Eswatini minister of justice, the brothers appealed the decision. The Eswatini High Court recently ruled that their appeal was lodged timeously, dismissing the prosecutor's application. "The appeal process will therefore unfold accordingly," stated Natasha Ramkisson-Kara, NPA spokesperson in KwaZulu-Natal.
Defence attorney Sbusiso Dlamini has voiced strong criticism of the delays, stating: “It’s already been nine months into the court roll, and it seems as if this matter [extradition] is not going anywhere. What then happens when the Ndimande brothers launch an appeal, are the accused before the court supposed to wait another three, four, five months before that process is finalised?”
The delays have led to defence attorneys claiming their clients are being systematically prejudiced. In November, the state's request for a postponement to facilitate the extradition was refused by Magistrate Hlatshwayo, who stressed that no further adjournments would be granted due to outstanding indictments. The matter was adjourned until 7 February 2025 for the state to serve the indictments.
Magistrate Hlatshwayo's initial bail denial highlighted specific concerns regarding each accused. Mkhwanazi's previous failure to comply with bail conditions in another case contributed to his denial, while Lindani Ndimande cited fears for his safety in prison due to a taxi rank feud. Myeza was identified as playing a pivotal role in the crime, allegedly supplying vehicles and ammunition. Gwabeni's possession of witness statements and his refusal to cooperate with police further strengthened the case against him. The court also heard that Gwabeni was allegedly the mastermind behind the killings. Despite Gwabeni and Lindokuhle Ndimande handing themselves over to the police, this evidence weighed heavily against them.
While Mkhwanazi has since been released, the court acknowledged the complexities of trying all seven accused (including the Ndimande brothers from Eswatini) together. Magistrate Hlatshwayo suggested the Durban case might proceed without the Eswatini brothers, stating: “We live in a technological society, and we should know what happens in other countries,” in reference to the cross-border legal complexities. All accused maintain a lack of substantial evidence against them.
