AKA-Tibz murder: Accused argues detention is a punishment and details family’s financial strain

The alleged mastermind in the high-profile murders of Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane has pleaded with the court for release on bail, citing the financial and emotional strain his detention has caused his family.

On Thursday, the Durban Magistrate’s Court in KwaZulu-Natal (KZN) heard bail applications from two suspects connected to the killings.

Accused number four, Mziwethemba Harvey Gwabeni, and accused number five, Lindokuhle Ndimande, reopened their bids for bail, presenting what they claimed were new facts.

Both men, along with their co-accused Lindokuhle Thabani Mkhwanazi, Lindani Ndimande, and Siyanda Myeza, were denied bail in May last year by Magistrate Vincent Hlatshwayo.

ALSO READ: Rifles and cattle: AKA murder suspects’ bail applications reopened after ‘mistakes’

The suspects face multiple charges, including conspiracy to commit murder, two counts of murder, unlawful possession of firearms and ammunition, and five counts of attempted murder.

Additionally, Mkhwanazi, Ndimande, Myeza, and Gwabeni face charges of money laundering.

Two other suspects, Siyabonga Ndimande and Malusi Ndimande, remain in custody in eSwatini, awaiting extradition to South Africa.

This ongoing extradition process has added complexity to the case.

New bail bid in AKA-Tibz murder case

In an affidavit read by his legal representative, Advocate Simphiwe Mlotshwa, Gwabeni argued that justice would allow his release on bail.

The accused highlighted that even though the state has assured the court that the investigation was complete, the case has not been moved to a higher court for trial yet.

 ”After the refusal of bail, our matter is still on the district court roll and not yet transferred either to the regional court or high court in terms of section 5 of the Criminal Procedure Act,” the suspect said.

READ MORE: CCTV, cellphone records link accused to AKA murder, state argues in bail case

He also cited the delays in the extradition process as part of the new facts justifying his plea.

“Contrary to the state stance during the initial bail application, then the extra additional of the other two Ndimande brothers for others to be joined in this matter will be sooner than later, the extradition process is still not finalised due to its inherent intricacies and complexities,” the affidavit reads.

‘Family has suffered extreme financial prejudice’

Gwabeni highlighted the toll his incarceration has taken on his business.

“Due to my incarceration, the only taxi I have was involved in an accident and has not been repaired due to my detention.”

He added that his family’s financial situation has deteriorated, with school fees for two of his children now in arrears.

“My family and I have suffered extreme financial prejudice as I have not been able to conduct my employment duties and generate an income to sustain the household.

“I support my family and my late father’s wives financially, and my family is not coping and is struggling due to my incarceration,” Gwabeni explained.

READ MORE: AKA-Tibz murder: Durban businessman says accusation baseless ‘conspiracy theory’

The suspect further argued that the state’s case against him was weak.

 ”My detention is a form of anticipatory punishment as the state does not have strong evidence to sustain the charges against me,” he said.

Gwabeni also emphasised that being granted bail would enable him to fund his legal defence.

 ”My release on bail will enable me to raise money to pay for the services of my legal representative and consult adequately in preparation for the supposed approaching trial.”

Watch the proceedings below, courtesy of SABC News

State rejects AKA-Tibz murder accused’s release

Opposing the bail applications, state prosecutor Advocate Elvis Gcweka read an affidavit from investigating officer Kumarasan Pillay, who dismissed the claims of new facts.

“The applicant is raising the same facts and not different in character, but the shuffling of the old facts he raised in his initial unsuccessful bail application,” Pillay said.

“The bail applicant must not be permitted to seek ail no several successive occasions by relying on piecemeal presentations of evidence.”

Pillay also noted that the issue of transferring the case to a higher court had already been addressed during the bail hearing on 29 November last year.

READ MORE: AKA-Tibz murder case: Accused claim R800K funds were wedding gifts and payments

He stated that the case had been postponed to 7 February 2025 for indictment and transfer.

The investigating officer refuted Gwabeni’s claim of a weak case, citing evidence, including CCTV footage, showing the accused keeping watch for Forbes at King Shaka International Airport on the day of the murders.

Following an adjournment, Ndimande, in his renewed bid for release, highlighted unresolved mechanical issues with his taxi business, which he claimed could not be addressed due to his incarceration.

Forbes and Motsoane were killed outside the now-defunct restaurant, Wish, on Durban’s Florida Road on 10 February 2023.

The suspects were allegedly paid R800 000 for their role.