The late Kiernan 'AKA' Forbes. Photo: Supplied.
Defence attorneys in the Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane murder case have claimed that their clients are being systematically prejudiced, this as the matter was postponed on Friday to 2025.
This comes as the Durban Magistrate’s Court delayed proceedings on Friday to accommodate an extradition appeal involving two brothers allegedly linked to the murders.
Only two suspects made a brief appearance in court, with attorney Sbusiso Dlamini strongly asserting that the state was being prejudicial to his clients.
“It’s already been nine months into the court roll and it seems as if this matter [extradition] is not going anywhere. What then happens when the Ndimande brothers launch an appeal, are the accused before the court supposed to wait another three, four, five months before that process is finalised? I submit your worship that the adjournment that the state is seeking is very prejudicial to the accused.
“When the matter was adjourned, it was to be marked final. The two brothers are not needed for these proceedings,” Dlamini argued, challenging the prosecution’s request for a postponement.
The case involves five men charged with the murders of rapper and his friend.
Forbes and Motsoane lost their lives after being shot outside the now-closed Durban restaurant, Wish, on 10 February 2023.
ALSO READ: AKA-Tibz murder: Ndimande brothers to be extradited
On Friday, Lindokuhle Thabani Mkhwanazi and Philani Sikhosana appeared on a separate matter.
Their appearance was in connection with charges of conspiracy to murder, murder, and unlawful possession of an automatic firearm.
State prosecutor Lawrence Gcaba explained that the extradition process for the Ndimande brothers from eSwatini was at a critical stage.
He noted that eSwatini prosecution services deemed the brothers’ appeal notice null and void.
The eSwatini High Court on Friday ruled that the notice of appeal was done in time, and dismissed the prosecutor’s application.
“The appeal process will therefore unfold accordingly,” said South African KwaZulu-Natal National Prosecution Authority (NPA) spokesperson Natasha Ramkisson-Kara.
He said the appeal was filed out of time and after the eSwatini minister of justice had already ordered their extradition to South Africa.
The five accused – Lindokuhle Thabani Mkhwanazi, Lindani Ndimande, Siyanda Myeza, Mziwethemba Gwabeni, and Lindokuhle Ndimande – face multiple serious charges, including five counts of attempted murder, unlawful possession of firearms and ammunition, and money laundering.
All were initially denied bail in May, though it was revealed that Mkhwanazi has since been released.
ALSO READ: WATCH: AKA-Tibz murder: 5 accused denied bail in Durban Court
Magistrate Vincent Hlatshwayo put the proceedings on hold, pending the outcome of the extradition appeal ruling.
“We live in a technological society and we should know what happens in other countries,” he remarked, acknowledging the complex cross-border legal proceedings.
Gcaba indicated that the Ndimande brothers may join the other five accused in their next court appearance.
He said this was expected within the coming week.
Meanwhile, Lindani Ndimande remains in custody, with his bail application set to be decided on 17 December.
The matter was postponed to 7 February 2025.
NOW READ: AKA-Tibz murder: State says it’s tracing money other than R800k, more arrests expected
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