The Durban Magistrates Court dismissed the bail application of Mziwethemba Harvey Gwabeni and Lindokuhle Ndimande, the two men accused of orchestrating the murders of rapper Kiernan ‘AKA‘ Forbes and his close friend Tebello ‘Tibz’ Motsoane.
Court throws out suspects’ bail application
The court’s decision came after both suspects argued for conditional release based on what they claimed were new and exceptional facts.
Gwabeni, identified by the state as the alleged mastermind of the double assassination, was found to pose a direct threat to witnesses.
The state presented evidence of prior incidents where Gwabeni allegedly intimidated witnesses, casting doubt on his commitment to abide by bail conditions.
Warrant Officer Pillay, the lead investigator, emphasised that Gwabeni has access to a list of witnesses and cited CCTV footage showing him tracking AKA at King Shaka International Airport on the day of the murders.
Ndimande’s argument for bail revolved around his family’s financial struggles, claiming that his incarceration prevented him from repairing a taxi, the family’s primary source of income.
However, the court found inconsistencies in his claim, noting that the vehicle in question has been abandoned and damaged since January 2024.
The magistrate, in his judgment, questioned the validity of the application, citing the applicants’ failure to provide substantive new facts to justify their release.
“The high court heard their appeal and ruled that the appeal was not successful. The question that arises now is: can these applicants come back to this court on renewed bail application on new facts? If so, in terms of which section? If this court entertains such an application and finds that there are indeed new facts they are exceptional and justify their release on bail, what is going to happen to the judgment by the high court? Can this court review and set aside the judgment of the high court? If this court finds no new facts that are exceptional and justify their release on bail, can they go back to the high court and say what to that court? This is, indeed, absurd and maybe that is the reason why there are procedures,” the magistrate said.
The court concluded that granting bail to either applicant would jeopardise the safety of witnesses and undermine the integrity of the trial
What we know so far about the state’s case
The state’s case against Gwabeni and Ndimande is bolstered by significant evidence, including CCTV footage and testimonies linking the suspects to the murders of AKA and Tibz. The state alleges that Gwabeni coordinated the fatal shooting, which occurred outside a popular Durban restaurant on Friday, 10 February 2024.
Warrant Officer Pillay disclosed that the investigation is complete, and the case is ready for trial.
The state plans to argue that Gwabeni’s movements on the day of the murders, captured on CCTV, prove premeditation.
Despite delays in the extradition of the Ndimande brothers, the state confirmed its readiness to proceed.
The matter will be transferred to the high court on 7 February 2025, for the next phase of the trial.