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

The state opposed the bail applications of five individuals who have been accused of being involved in the murder of popular South African rapper Kiernan “AKA” Forbes, and his close friend, Tibz Motsoane, at the Durban Magistrate’s Court on Wednesday.

State Prosecutor Lawrence Gcaba, presented compelling evidence that suggested that the accused were part of a group that planned the Tibz-AKA murders.

The evidence includes phone calls, CCTV footage, and witness statements that place the accused at or near the scene of the crime.

Premeditated murder

According to Gcaba, the evidence established that accused 1, 2, 4, and 5 were involved in a plot to murder AKA.

It is alleged that the group had arranged to collect a Mercedes Benz and firearms, which were intended to be used in the execution of the crime. Furthermore, it has been revealed that the accused were driving a VW Polo and a silver Hyundai i10 at the time of the incident.

Applicant number four, Gwabeni was caught on camera driving a grey BMW following AKA and his entourage.

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“The applicant’s cellular phone records consists with him being at the airport and Hilton hotel.

“The applicant’s cellular records place him in the vicinity of the crime scene at 22:17:50. The murder occurred at 22:21:07,” said the investigating officer.

Gwabe is also said to have been the one who hired the grey VW polo and silver Hyundai i10.

‘Concrete scientific evidence’

The state claims to possess concrete scientific evidence and witnesses that support their allegations against the accused.

The presence of witnesses adds another layer of credibility to the state’s case, providing firsthand accounts that could help establish a motive and timeline of events leading up to the murder.

According to Gcaba, first applicant Lindokuhle Mkhwanazi was caught on CCTV entering, eating, and monitoring AKA’s movements prior to his death.

Cellphone records and virtual card information implicate accused 4 to have been at scene.

The investigation officer said Mkhwanazi was the one who gave orders on how to dispose of the guns used for the shooting and the numberplates of the white mercedes Benz.

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Furthermore, it is alleged that Siyanda Eddy Mayeza supplied the firearms and numberplates in question to Siyabonga Ndimande which were found to match the six 9mm cartridge cases discovered at the scene.

“He was arrested a few months after the killing… after the Mercedes Benz and the murder weapons were returned to him.

“This firearm was forwarded to forensics laboratory ballistics and it was established that the same norinco pistol found in his possession is positively and ballistically linked to the two nickel cartridges found next to the first deceased Kiernan Jarred Forbes,” said Gcaba.

Furthermore, the state prosecutor shared with the court that one of the Ndimande brothers Malusi Dave “Mjay” was allegedly the one who shot AKA.

“The state is in possession of witness statements implicating the applicant in the commission of this offense. The witness and the scientific evidence was present when the white Mercedes and the firearms were handed back after the matters were committed. The evidence further suggests that Malusi Dave [Ndimande] Mjay is the first shooter who fired shots at the first deceased” he said.

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Financial transactions

Regarding the financial transactions, it has been alleged that Mziwethemba Harvey Gwabeni, the alleged “mastermind”, sent R133 000 to all his co-accused. However, these amounts were sent separately to the same people, with R100 000 to one account and R33 000 to another.

These payments were received “on the 11th of February, the day after the murder”, the investigating officer stated. This was the same day that Gwabeni received the R803 000.

Gwabeni claimed the money he received was not related to the murder of AKA. In his bail affidavit, he stated that the R803 000 he received was payment for a business deal with a ‘reputable’ company.

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This money was sent by Sydney Mfunda Gcaba from a company called Bright Circle Pty (Ltd). Gcaba is allegedly the sole director of this company.

“When the money was transferred a reference was used as “consult”.

“This we are of the view was done to disguise the nature of the funds as same is viewed to be payment for the shooting.” said Gcaba.

According to the state Gwabeni had not received such amounts during the period of the shooting from this company.

“There is no evidence at our disposal indicating any form of services he might have rendered to this company,” he added.

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Additionally, Gwabeni had also paid R133 000 to the Ndimande brothers and referenced the payments as “dividends”.

The investigation officer said this raised eyebrows.

“His company records do not indicate that any of the accused or Ndimande brothers in eSwatini were shareholders in any of his companies. Therefore, they were not entitled to any dividends,” said the state investigator.

The state refutes all claims made by the suspects that they or their family members were violated or assaulted during police visits to their homes to look for the suspects.

The suspects face 10 charges including conspiracy to commit murder, two counts of murder, attempted murder, illegal possession of firearms and ammunition, and money laundering.

Forbes and Motsoane lost their lives after being shot outside the Durban restaurant, Wish, on 10 February 2023.

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