The five murder accused in the Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane murders had their bail applications denied on Wednesday in the Durban Magistrate’s Court.
Delivering his judgment, magistrate Vincent Hlatshwayo said the evidence linked all five suspects to the murders and it would be “reckless” and “irresponsible” to release them on bail.
The five suspects – Lindokuhle Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 21, Mziwethemba Harvey Gwabeni, 36, and Lindokuhle Lindo Ndimande, 29 – denied involvement in the murders and started applying for bail in March 2024.
Rapper and record producer AKA and entrepreneur Tibz were shot and killed outside Wish Restaurant in Florida Road last year.
Hlatshwayo said the accused had raised concerns about the investigating officer obtaining information from witnesses.
“It is not for the court to decide on variances or contradictions in the evidence of witnesses as this is a bail application and not a trial,” Hlatshwayo said.
“The affidavits of the investigating officer, Warrant Officer Pillay, and Director of Public Prosecutions in KwaZulu-Natal, advocate Elaine Harrison, were to show if the suspects are implicated in the commission of the offence and should be arrested.”
He added that in his view both affidavits fulfilled this.
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“My decision on the bail application is not influenced by the attitude of the investigating officer, or the attitude of the prosecution team or the arguments of the defence, it is based solely on the facts presented to the court.
“I note there is a golden trend that connects and places all the suspects together at more than one scene except accused 3, Myeza. Accused 4, Gwabeni, is linked with trailing the deceased. He is placed at the Hilton Hotel with accused number 5, Lindokuhle Ndimande, in uMhlanga where the deceased was booked in. Gwabeni was also placed at Jacobs off-ramp where the firearms and getaway vehicle were collected.”
Hlatshwayo said: “Gwabeni was present with Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande and Lindokuhle Ndimande before the murder.
“These same four suspects were all placed at the scene of the crime at Florida Road and applicant 5 is even captured on the CCTV camera.
“They were also placed at the spot where the weapons and getaway vehicles were delivered after the murder was committed.”
There was evidence that linked four suspects to the home of Gwabeni in Cowies Hill on February 11, a day after the murders. Their payments took place into their respective bank accounts, said Hlatshwayo.
“The suspects claim that cellphone triangulation is not reliable. However, there was no supporting evidence in their affidavits. The applicants failed to provide evidence that they were not implicated, but rather criticised the affidavit of the investigating officer.”
Hlatshwayo agreed with the State that even though accused 3, Siyanda Myeza, was not present at the scene, the hit would not have been possible without his input.
“He played a pivotal role in the commission of the murder of the deceased.
“It’s the finding of this court that there is a case for the applicants to answer and it would be reckless and irresponsible to release the applicants out on bail.
“Bail is refused for all five accused.”
Natasha Ramkisson-Kara, KZN NPA regional spokesperson, said the NPA was pleased with the outcome.
“We do believe that we put forward a strong and credible argument in opposition to bail. The matter has been remanded to August 8 for further investigation,” said Ramkisson-Kara.
The Mercury