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AKA murder: Accused complains about mistreatment as case postponed to March
The state asked for a postponement for further investigations.
Late rapper, Kiernan ‘AKA’ Forbes performs during the Miss Mamelodi Sundowns 2020 at the Gallagher Convention Centre in Johannesburg. Picture: Gallo Images/Frennie Shivambu
One of the men accused of killing Kiernan “AKA” Forbes and his friend, Tebello “Tibz” Motsoane has complained about mistreatment in custody as the murder case was postponed to March.
Five out of the seven suspects arrested in connection to the murders briefly appeared in the Durban Magistrate’s Court for the first time on Thursday.
The accused are facing 10 charges including conspiracy to commit murder, two counts of murder, attempted murder, unlawful possession of firearm and ammunition.
Police Minister Bheki Cele and KwaZulu-Natal (KZN) police commissioner Nhlanhla Mkhwanazi as well as Forbes’ father, Tony, were present in court.
Extradition process
During proceedings, the state asked for a postponement for further investigations.
“We are still finalising the analysis of data that has been obtained for purpose of investigation following up on certain information that has since transpired after the arrest of the accused, among others,” state prosecutor Lawrence Gcaba said.
Gcaba also told the court that two other suspects still needed to be extradited from eSwatini, where they were arrested over the weekend.
“We are in the process of having them extradited back to this country. We would love to have them joined in this matter, depending on the attitude between the two parties relating to the extradition. It will determine then how longer can the process be finalised,” he said.
The prosecutor further pointed out that the extradition process had already started.
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“The first process was for them to be arrested then they appeared in court [so] now we have a maximum of 30 days to finalise inbetween what happens.
“As I said, should there be no objection from the side those who should be extradited, it might take longer than two months. But if there is an objection, it might take us [a while]… of course depending on how the case develop in the courts in that country.”
Gcaba explained that the state was not in a position to indicate how long the extradition process would take place although he has had “informal” discussions with the defence about the matter.
“It appears that the period might be shorter than expected.”
He added that the state would oppose the accused’s release on bail should an application be filed with the court.
Watch the proceedings below:
Accused complaint
After a short adjournment, the magistrate ordered the accused – Lindokuhle Thabani Mkhwanazi, 30, Lindani Zanele Ndimande, 35, Siyanda Eddie Myeza, 21, Mziwethemba Gwabeni, 36 and Lindokuhle Ndimande, 29 – to remove their masks.
“There’s no reason for the accused to cover themselves because there is no pending identification parade,” the presiding officer said.
It was proposed that Mkhwanazi, Gwabeni and Lindokuhle Ndimande be detained at the Chatsworth Police Station as the other two accused were already serving sentences for unrelated crimes at Westville Prison.
However, the defence revealed that Gwabeni has complained about not being “treated well” while he has been at Chatsworth.
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The magistrate ordered that accused four take up his complaint with the station commander and the investigating officer.
The presiding officer postponed the case to 6 March 2024 for bail verification, while arguments on the bail applications will commence on 14 March.
“On the 14th of March, it will then be postponed to the 18th and 19th of March. It is foreseeable that we won’t be able to finalise the matter on these two days [so] it will then be postponed to the 27th of March for bail application purposes. This is according to the availability of the legal representatives of the accused and the prosecution team,” the magistrate said.
Forbes and Motsoane were gunned down outside the now-defunct Wish on Florida restaurant in Durban, on 10 February last year.
According to the police, Forbes was the main target of the alleged hit, while Motsoane was shot by coincidence.
The suspects all played different roles in the operation.
