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March 14, 2024

Accused in AKA and Tibz murder case says he will plead not guilty

Five suspects in the AKA and Tibz murders will be back in court on Monday to continue their bail hearing
Photo: eNCA

Five of the seven men accused of the murders of rapper Kiernan 'AKA' Forbes and Tebello 'Tibz' Motsoane appeared at the Durban Magistrates Court for formal bail application today. Out of the five, only two of the accused were ready to proceed. Lindokuhle Thabani Mkhwanazi (30), Lindani Ndimande (35), Siyanda Myeza (21), Mziwethemba Gwabeni (36) and Lindokuhle Ndimande (29) are facing charges of murder, attempted murder, illegal possession of firearms and ammunition and money laundering.


STATE HAS A WEAK CASE


The court heard that Lindani and Lindokuhle Ndimande and Gwabeni could not proceed with their bail application as their affidavits are not yet ready. The court will hear their bail application on Monday. In an affidavit that was read out in court by his lawyer, advocate Simphiwe Mlotshwa, Mkhwanazi who is a taxi owner is accused number 1 in the matter. He declared that he did not have any previous convictions. "However, on 8 January 2024 this court granted me bail of R5 000 on charges of conspiracy to commit murder, unlawful possession of automatic firearms and unlawful possession of ammunition. I have very strong ties with my family and the community of Madwaleni in Mtubatuba. I have lived most of my life and grew up in my hometown of Mtubatuba with both my parents and two sisters. The investigating team has verified my physical address, and my parents and wife are always in court to give me support." Mkhwanazi said his wife has managed to raise an amount of R3 000 for his bail. "I must reiterate that my wife is the one who paid my R5 000 bail in the other matter. Despite the fact that I'm a lay man, my legal representatives have advised me that the state's case is very weak, despite the long list of charges and there's a strong view of duplication of charges including the one of conspiracy to commit murder." Mkhwanazi also said that he is the breadwinner at home and looking after his two sister's children and that he lives with his pregnant wife. Mlotshwa told the court that his client was not involved in the murders and that he will be pleading not guilty.


ONE OF THE ACCUSED CLAIMS HIS FAMILY IS BEING HARASSED


 Attorney Yolanda Gilling representing accused number 3, Myeza, said he is from Umlazi and has three children and currently unemployed but used to work at a shisa nyama where he earned R700 a month. Defence for accused 2 and 4 Gill Wolmerans said Gwabeni (accused 4) who is said to be the orchestrator has been given an additional charge of money laundering because he allegedly distributed the R800 000 and paid his co-accused. Wolmerans said the family of the accused have an issue where they are harassed by the investigating officer. It is said they even confiscated two of his vehicles. The bail hearing was postponed to Monday because there was no water in court. The bail hearing of the other suspects will be heard next week Monday, Tuesday and again on 27 March. Two other accused brothers Siyabonga and Malusi Ndimande are held in Eswatini prison awaiting their extradition to SA.


ARREST THEM ALL


AKA's father Tony Forbes said he believed that more suspects will be arrested including the mastermind whom he said wasn't among those in police custody. He said he has prepared himself for the multiple postponements and various court processes, taking into account that they might take longer than they anticipate. "I'm comforted by the fact that our legal team has spent the past year preparing themselves. For me, it's important that this work is done thoroughly and it takes time. I don't expect this to be a 100-metre race but it's a marathon, I'm here to support the team and I'm an optimistic. I choose to believe that it will be successful. There are more people that still need to be arrested including the mastermind, "he concluded

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