April 02, 2024

Court allows evidence from eSwatini in bail application of men accused of AKA's murder

Lindokuhle Mkhwanazi, Lindani Ndimande, Siyanda Myeza , Mziwethemba Gwabeni and Lindokuhle Ndimande are applyinbg for bail

The Durban Magistrate's Court has agreed to hear evidence in documents meant for brothers Malusi and Siyabonga Ndimande, who are detained in eSwatini,for the murders of Kiernana 'AKA' Forbes and Tebello 'Tibz' Motsoane's murders. The two brothers, who are waiting to be extradited back to the country, are part of the seven men who were arrested since April last year for the murder of the two celebrities.


The evidence will be used as evidence in the bail application of the five of the accused Lindokuhle Thabani Mkhwanazi (30), Lindani Ndimande (35), Siyanda Myeza (21), Mziwethemba Gwabeni (36) and Lindokuhle Ndimande (29). The court had previously ruled that it would not allow the defence to submit any documents meant for the accused in eSwatini to be used as evidence in the bail application of the five accused. Advocate Simphiwe Mlotshwa, who is the defence of two of the accused hitmen, had asked the court to revisit its initial ruling relating to the documents that were meant for the court in eSwatini. The affidavit is said to have been compiled by KwaZulu-Natal Director of Public Prosecutions Elaine Harrison, requesting the arrest of the two suspects in eSwatini, who are yet to be extradited. Mlotshwa argued that part of the content of the affidavit, speaks to evidence that bears reference to his two clients. "I will talk about the accused one and five, they also feature in that request. That request is in the public space, because it is in the digital space. We are saying one of the grounds it is relevant to these proceedings, let it not be rejected because it is already available in the electronic space," Mlotshwa argued.


During their bail application, the accused insisted that they were businessmen mainly linked to the taxi industry and denied any involvement in the two murders. They said they intend to plead not guilty to all the charges tabled against them. They face charges of money laundering, conspiracy to commit murder, murder, unlawful possession of a firearm, unlawful possession of ammunition and five counts of attempted murder.

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