08-05-2025
AKA, Tibz murder accused appoint former prosecutions boss as their lawyer
The pretrial hearing for the five accused of the murders of South African rapper Kiernan 'AKA' Forbes and his friend Tebello 'Tibz' Motsoane, have been postponed.
The five stand accused of murder and money laundering.
The accused will be represented by a former KZN deputy director of public prosecutions who turned defence advocate.
The pretrial hearing of five men accused of the murder of multi-award-winning South African rapper Kiernan 'AKA' Forbes and his friend Tebello 'Tibz' Motsoane have been postponed to June.
AKA was gunned down on 10 February 2023 along with Motsoane on Durban's Florida Road.
Lindokuhle Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 21, Mziwethemba Harvey Gwabeni, 37, and Lindokuhle Lindo Ndimande, 29, appeared briefly in the KwaZulu-Natal High Court in Durban on Thursday. Their pretrial was, however, adjourned after an agreement reached between the State and the defence.
KwaZulu-Natal Deputy Director of Public Prosecutions advocate Lawrence Gcaba told the court that the accused's legal representative advocate Simphiwe Mlotshwa, was unavailable as he was in the Supreme Court of Appeal in Eswatini representing the two other accused, Siyabonga Gezani Ndimande and Malusi Dave Ndimande, in their extradition hearing.
'All five of the accused will now be represented by Mlotshwa. Due to him being in Eswatini by arrangement, may the matter be adjourned to 12 June,' asked Gcaba.
Previously, in the Durban case, Mlotshwa only represented Mkhwanazi and Lindokuhle Lindo Ndimande while Myeza was represented by Yolanda Gielink, and advocate Joe Wolmarans represented Gwabeni and Lindani Zenzele Ndimande.
Mlotshwa, who now represents all five accused, is a former Acting Deputy Director of Public Prosecutions in KwaZulu-Natal.
The accused face 12 counts including two murders, conspiracy to commit murder, unlawful possession of firearms and ammunition, five attempted murders, and money laundering.
The State alleges that Gwabs Mining, owned by accused Gwabeni, received an amount of R803 455 on the pretext that it was for the services of a consultant when in fact it had been for AKA's murder.
Gwabeni allegedly transferred over R100 000 into each of the accused's bank accounts, including that of Ndimande, who is currently in eSwatini, fighting extradition.
It emerged during the accused's bail application that the money was paid by a company, Bright Circle, into Gwabeni's FNB account a day after the murder and investigations uncovered that Sydney to Mfunda Gcaba was the sole director of Bright Circle and that cellphone records show that before the money was deposited, Gwabeni made a call to a number linked to Gcaba.
Outside court, National Prosecuting Authority spokesperson Natasha Ramkisson-Kara explained that in August last year, the Manzini Magistrate's Court in Eswatini had issued an order for the Ndimande brothers to be extradited, but they filed a notice to appeal this.
However, the prosecution team believed that the brother's notice should be null and void because it was filed out of time and made an application regarding that.
'In November last year, the High Court ruled that the two brothers filed within the time, and today the prosecution is taking that on appeal in the SCA in Eswatini.'
