JUDGEMENT has been reserved to Wednesday, January 15, in the bail application hearing of double murder accused Mziwethemba Harvey Gwabeni, 36, and Lindokuhle Ndimande, 29, who are among the five linked to the killing of rapper Kiernan “AKA” Forbes and his friend Tebello “Tibz” Motsoane in February 2023.

Due to the lengthy proceedings and arguments which began at 10:00 on Thursday, January 9, at the Durban Magistrate’s Court, Magistrate Vincent Hlatshwayo said more time was needed for him to be able to deliver judgement on the matter. This was after the state prosecutors, Advocate Elvis Gcweka and Advocate Lawrence Gcaba, stated that there was no new evidence brought forward by the accused to support their renewed application.

In turn the State said that they had new evidence which allegedly links Gwabeni directly to the murder of AKA and Tibz, who were gunned down on Florida Road in an alleged hit on the ‘Fela in Versace’ hit maker.

“We now have video footage of applicant one (Gwabeni) at the airport when Mr Forbes was arriving at King Shaka International Airport to meet his entourage which was there ahead of time. There is evidence of the accused following them and standing near the deceased when they were at the vehicle hire place. There’s evidence of him driving the BMW in question and his telephone records placing him near the hotel as well. The CCTV footage that we now have from ACSA from the airport is new evidence,” said Gcaba.

Also Read: AKA murder suspect says State is ‘skating on thin ice’

Prior to this Gwabeni and Ndimande had told the court and Magistrate Hlatshwayo, through their lawyer Advocate Simphiwe Mlotshwa, of how their incarceration is affecting their families, mentally and financially, which was the basis of their new bid for freedom.

In the dock, a relaxed looking Gwabeni, through his lawyer, told the court of how his children are owing school fees due to him not being able to financially provide for them while being away from his work in the mining and construction businesses.

Through his affidavit read in court, he stated that his two wives were also struggling under the circumstances. He said, “I support my family financially and my family is not coping and are struggling as I am not personally in the construction and mining business due to my incarceration. As a result of my detention, I do not draw any salary from these two entities which consequently result in financial distress to my family.”

He added that his “junior wife” and child have had to receive therapy and counselling due to trauma caused by his arrest.

Also Read: AKA’s alleged killers back in court, state adds charges

His co-applicant, Ndimande, looked restless in the dock as their lawyer informed the court that his taxi business is no longer generating income while he remains behind bars at Westville Prison. Ndimande through the affidavit submitted to the court said his minibus taxi was no longer operating due to it needing repairs following an accident.

According to the affidavit, Ndimande earned an income of R20 000 a month through his taxi which he allegedly also used to support his family and his late father’s wives. He is also a shareholder of a poultry farm that generates R70 000 a month. He said, “I have suffered extreme prejudice as I have not been able to carry out my employment duties and earn an income to sustain my household. I support my family and my late father’s wives financially and my family is not coping and are struggling due to my incarceration.”

Ndimande’s alleged loss of income through his stationary and damaged taxi was questioned by the State and Magistrate Hlatshwayo who queried when the accident happened and why the vehicle has been abandoned, in turn affecting his family’s financial standing. His lawyer Adv Mlotshwa said they were unaware of when the accident happened but that Ndimande was informed late last year. An unsatisfied Magistrate Hlatshwayo called for an adjournment, and upon agreeing with the lawyers confirmed that judgement on the applications will be delivered next week Wednesday.

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