‘New facts’ cited in AKA and Tibz murder accused’s bail bid

Two accused in the Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane murder case have filed a notice of motion for bail based on new facts.

According to KwaZulu-Natal’s National Prosecution Authority (NPA), Khethukuthula Sangweni, Muziwenkosi Harvey Gwabeni and Lindokuhle Ndimande will have their application heard on Thursday at the Durban Magistrate’s Court.

The development comes after defence attorneys previously claimed their clients are being “systematically prejudiced” by ongoing delays in the case.

Delays are particularly regarding an extradition appeal involving two brothers allegedly linked to the murders.

The five accused currently before the court – Lindokuhle Thabani Mkhwanazi, Lindani Ndimande, Siyanda Myeza, Mziwethemba Gwabeni, and Lindokuhle Ndimande — face multiple charges including five counts of attempted murder, unlawful possession of firearms and ammunition, and money laundering.

The charges stem from the shooting of Forbes and Motsoane on 10 February 2023 outside the now-closed Durban restaurant, Wish.

AKA-Tibz murder, eSwatini brothers extradition battle

The case has been complicated by ongoing extradition proceedings for Siyabonga and Malusi Ndimande brothers, who are currently in eSwatini.

While the eSwatini minister of justice had ordered their extradition to South Africa, the brothers filed an appeal which the eSwatini High Court recently ruled was filed on time, dismissing the prosecutor’s application.

“The appeal process will therefore unfold accordingly,” said National Prosecution Authority (NPA) spokesperson in KZN, Natasha Ramkisson-Kara.

Defence attorney Sbusiso Dlamini strongly criticised the delays, stating: “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?”

ALSO READ: AKA-Tibz murder case postponed to next year

Previous bail denials

In May 2024, Magistrate Vincent Hlatshwayo denied bail to all five accused, stating: “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.”

Each accused faced specific concerns in their initial bail applications.

Mkhwanazi was denied bail for failing to comply with bail conditions in another case, while Lindani Ndimande cited fears for his life in prison due to a taxi rank feud.

Myeza was identified as playing “a pivotal role in the commission of this offence,” according to Hlatshwayo, by allegedly supplying vehicles and ammunition.

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

The court also heard that Gwabeni was the mastermind of AKA and Tibz’s execution.

Although Gwabeni and Lindokuhle Ndimande handed themselves over to the police, evidence that was presented revealed that Gwabeni refused police cooperation.

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

AKA-Tibz murder case progression

While all the accused were initially denied bail in May, it was revealed that Mkhwanazi has since been released.

Hlatshwayo has indicated that while trying all seven accused together would be convenient, the Durban case might proceed without the Ndimande brothers from eSwatini.

“We live in a technological society, and we should know what happens in other countries,” Hlatshwayo remarked, addressing the complex cross-border legal proceedings.

The main case has been postponed to 7 February 2025.

All accused have maintained that the state lacks substantial evidence against them.

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