The court ruling limiting the coverage of the AKA and Tebello Motsoane murder trial has drawn criticism
Five suspects in the AKA-Tibz murder case appear in court. Picture: Supplied
The trial of seven men accused of murdering rapper Kiernan ‘AKA’ Forbes and his friend Tebello ‘Tibz’ Motsoane began in the Durban High Court on Monday, with all of the accused pleading not guilty.
Judge Nomfundo Sipunzi ruled that witness testimony may not be broadcast.
What the court directive says
The directive, issued in the matter of the State versus Lindokuhle Mkhwanazi and six others, said the court recognised the importance of free expression and open justice.
It added that it also had to protect the accused’s right to a fair trial and the interests of witnesses.
“No media coverage shall disclose the identities or personal particulars of any witness called by either the State or the defence,” the judgement reads.
Broadcasters may only cover the plea, the opening and close of the State and defence cases, counsel’s arguments, rulings and orders, and the judgment.
The court also ordered that “photographs of the courtroom may be taken only before the commencement of the daily proceedings and after the court has adjourned.”
The directive said it could be varied if the interests of justice required it.
Trial details and dates
AKA and Tibz were shot dead outside a restaurant on Florida Road in Durban on 10 February 2023.
A month has been set aside for the trial. Further dates are expected to be set on 6 November 2026.
Media appeal urged
Communications manager for AfriForum’s Private Prosecution Unit, Barry Bateman, said the ruling went too far. “I trust the media will appeal this. A court cannot impose a blanket ban like this,” he wrote on X.
Bateman pointed to the Gumede trial matter, where the court found that “openness is the rule, departure is the exception, and the exception must be individually motivated.”
That judgment also noted that the Supreme Court of Appeal in the Henri van Breda murder case said a witness who objected to coverage “should be required to assert such objection before the trial judge”.
Bateman argued this showed objections should be dealt with witness by witness.
Internet personality Tumi Sole said the restrictions came three years after the killings. “It’s been 3 years since their deaths. Hope the media houses will appeal that ruling,” Sole wrote.
Other users also reacted. One said, “Surely that can’t be allowed. There’s a lot of public interest in this case.”
Another wrote, “They killed victims on camera, now we can’t see how they are tried in court.”
A third user asked, “Who applied for that?”
Trial postponed
The matter was postponed to Tuesday morning, 6 October, when the court is expected to hear the application to split the trial and the reply affidavit.
All seven accused remain in custody.
