One of the seven men arrested in connection with the murder of musician Kiernan “AKA” Forbes and his chef friend Tebello “Tibz” Motsoane appeared for his bail application in the Durban Magistrate’s Court on Tuesday.
Accused number four, Mziwethemba Gwabeni, was previously pinpointed as the orchestrator and mastermind of AKA’s murder due to him allegedly receiving and distributing R800 000 among his co-accused.
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During his bail application, the court heard that Gwabeni is a Durban-based businessman. He said his businesses make a turnover of hundreds of thousands to millions monthly.
Gwabeni said he owns a construction company which generates a turnover of approximately R2 million to R3 million monthly.
Furthermore, he stated that he has business interests in mining operations in Mpumalanga. The mining business also has a security division, according to the suspect, where the overall business makes about R400 000 to R500 000 monthly.
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Subsequently, the suspected mastermind told the court that the R800 000 deposited into his account on the day of AKA and Tibz’s assassination was purely coincidental. He said the money was received from a “reputable” business.
“The R803 000 was paid to me from a reputable company who I have done business with before. In fact our business relationship goes back as early as three years back,” his lawyer read.
Gwabeni believes that the investigations into the case would reveal that the amount of money was not a once off payment as alleged by the state.
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“The basis upon which the state bases its case is premised on a self-created conspiracy theory regarding the sequence of events that led to the killing of the deceased,” Gwabeni’s affidavit read.
Furthermore, the suspect said he gave permission for the state to look through his banking transactions.
“To give credence to my submission I challenge the state to have results to my bank statements. I reiterate that the above mentioned payments that were made were paid in respect to consultant work.
“It is true that I did transfer monies as alleged, as I have not paid the individuals concerned for some time as the nature of my work is that the supply money is not always constant,” he added.
Two of the suspects, Lindokuhle Thabani Mkhwanazi and Siyanda Eddie Myeza, had their bail application affidavits read before Judge Vincent Hlatshwayo on Friday.
Subsequently, Lindani Ndimande presented his bail application on Monday.
The three suspects who have had their bail affidavits read thus far have stated that they will not plead guilty.
Furthermore, Mkhwanazi, Myeza and Ndimande have all said they believe that the state presents a weak case founded on circumstantial evidence.
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The five suspects face multiple charges including conspiracy to commit murder, two counts of murder, unlawful possession of a firearm, unlawful possession of ammunition and five counts of attempted murder.
Two other suspects, the Ndimande brothers Siyabonga “Nxele” Ndimande and Malusi “Mjay” Ndimande, await the finalisation of their extradition to South Africa from Eswatini.
The Ministry of Justice and Correctional Services confirmed that Minister Ronald Lamola approved the extradition of the two suspects to join their five co-accused counterparts.
According to Lamola’s spokesperson Chrispin Phiri, a request for the extradition of the two brothers in Eswatini was sent by South Africa.
“The request is made in terms of the extradition treaty between South Africa and Eswatini dated 4 October 1968, and in terms of the SADC Protocol on Extradition dated 3 October 2002, to which both countries are signatories.
“The ministry stands ready to give its highest level of co-operation to its counterparts in the Kingdom of Eswatini,” said Phiri.
Judge Vincent Hlatshwayo adjourned the bail hearing proceedings to 27 March.
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