Judgement has been reserved until Wednesday in the bail hearing of double murder accused Mziwethemba Harvey Gwabeni (36) and Lindokuhle Ndimande (29). The pair are among five suspects linked to the killings of rapper Kiernan ‘AKA’ Forbes and his friend Tebello ‘Tibz’ Motsoane in February 2023.

According to Berea Mail, Magistrate Vincent Hlatshwayo stated more time was required to deliver a decision due to lengthy proceedings and arguments at the Durban Magistrate’s Court, yesterday. This followed the state prosecutors, Advocates Elvis Gcweka and Lawrence Gcaba, asserting that no new evidence was presented by the accused to justify their renewed bail application.

In contrast, the state argued they had new evidence linking Gwabeni directly to the murders. “We now have video footage of applicant one (Gwabeni) at the airport when Mr Forbes arrived at King Shaka International Airport to meet his entourage. There’s evidence of the accused following them, standing near the deceased at the vehicle hire place, driving the BMW in question, and telephone records placing him near the hotel. The CCTV footage from ACSA [Airports Company South Africa] at the airport is new evidence,” said Gcaba.

Previously, Gwabeni and Ndimande, through their lawyer Advocate Simphiwe Mlotshwa, cited the impact of their incarceration on their families as the basis for their bail application. Gwabeni told the court his children owe school fees, and his two wives are struggling financially due to his absence from his mining and construction businesses. He added that his ‘junior wife’ and child required therapy due to the trauma of his arrest.

Ndimande, appearing restless in the dock, claimed his taxi business is no longer generating income while he remains detained at Westville Prison. He stated his minibus taxi, which earned him R20 000 monthly, is non-operational due to an accident. Additionally, his poultry farm, which generates R70 000 monthly, is also affected.

The state questioned the alleged loss of income from Ndimande’s damaged taxi, asking why it remains unrepaired and when the accident occurred. His lawyer said they were informed about the accident late last year. Hlatshwayo, unsatisfied with the explanation, adjourned proceedings and confirmed that judgement will be delivered next Wednesday.