WATCH: AKA-Tibz murder: 5 accused denied bail in Durban Court

Five of the seven men arrested in connection with the murder of musician Kiernan “AKA” Forbes and his celebrity chef friend Tebello “Tibz” Motsoane have been denied bail.

Judge Vincent Hlatshwayo handed down the bail ruling at the Durban Magistrate’s Court on Wednesday.

“It is the finding of this court that there is a case for the applicants to answer. It is the finding of this court that it would be reckless and irresponsible to allow the applicants on bail.

“It is therefore the finding and the order of by this court that in the circumstances bail is refused in respect of all five accused,” Hlatshwayo ruled.

Watch Judge Hlatshwayo handing down the judgement:

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Bail of five suspects denied

Lindokuhle Thabani Mkhwanazi, the first applicant was denied bail due to the basis that he failed to comply with the bail regulations set in his other pending case. 

“He was ordered to remain in Mtubatuba but he moved to in eNtsileni. He has presented to this court a document which according to Dr Moodley says that on the date in question he was at Mtubatuba when in fact in prison,” said Hlatshwayo.

The second applicant Lindani Ndimande claimed his life to be in danger. During court proceedings Hlatshwayo read to the court that Ndimande was appealing for bail because amongst other things he thinks he would be killed in prison and that the wardens would not be able to protect him.

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“His family and the Gumede family are involved in a feud over the control of Malukazi taxi rank.”

Furthermore, Hlasthwayo said he concurred with the state’s view that applicant three; Siyanda Eddie Myeza made the hit possible by supplying vehicles and ammunition.

“Applicant three played a pivotal role in the commission of this offense- that is the murder of the deceased,” Hlatshwayo added.

Moreover, according to the evidence presented in court Myeza is susceptible to committing serious crimes.

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Although Mziwethemba Harvey Gwabeni, and Lindokuhle Ndimande [applicants four and five respectively] handed themselves over to the police, evidence that was presented revealed that Gwabeni refused police cooperation.

“Even here in court it was put to him and those representing him that his bail statement covering the period in question [day of AKA-Tibz murder] was omitted and that he should present same but he ignored and or refused to oblige,” said Hlatshwayo.

One of the reasons to Gwabeni’s bail application denial was that he found with witness statements in his possession.

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All five of the applicants claimed that the state does not have substantial evidence against them. They are set to remain in custody at Westville Prison as their trial continues.

The two Ndimande brothers namely, Siyabonga and Malusi are also suspects in this case. They are in the process of being extradited from eSwatini.

The suspects were charged with conspiracy to commit murder, murder, five counts of attempted murder, unlawful possession of a firearm and ammunition, and money laundering. They face several other pending matters independent from this case.

Forbes was identified as the prime target while Motsoane was deemed an unintended victim. The pair lost their lives after being shot outside the now closed Durban restaurant, Wish, on 10 February 2023.

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