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The case has been postponed to June.
Five suspects during the AKA-Tibz murder case at Durban Magistrate's Court on 29 February 2024. Picture: Gallo Images/Darren Stewart
The murder case involving five men accused of killing rapper Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane has been postponed to next month.
Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimane, Siyanda Eddie Myeza, Mziwethemba Harvey Gwabeni, and Lindokuhle Mhlaliseni Mkhwanazi appeared at the KwaZulu-Natal (KZN) High Court in Durban on Thursday for a pre-trial conference.
The case was transferred from the Durban Magistrate’s Court in February, following the defence’s receipt of the indictment.
Two more suspects, Siyabonga Ndimande and Malusi Ndimande, are in custody in eSwatini, awaiting extradition to South Africa.
During proceedings, state prosecutor Advocate Lawrence Gcaba informed Judge Jacqueline Henriques that the five accused have appointed new legal counsel.
The men will now be represented by Advocate Simphiwe Cyril Mlotshwa.
Gcaba also confirmed the appointment of Sibusiso Dlamini as the instructing attorney.
“My understanding is that Advocate Mlotshwa will be instructed for all five,” the prosecutor said.
He explained that the attorneys were not present in court because they were attending the extradition appeal in eSwatini, where the Ndimande brothers are challenging a ruling that approved their return to South Africa.
“They are not here today because they are also attending to the extradition appeal in the Swaziland Supreme Court.”
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The extradition ruling was issued by the Manzini Magistrate’s Court in August 2024.
The prosecution previously stated that if the Ndimande brothers are not extradited in time, the trial will proceed without them.
Gcaba requested that the pre-trial conference be postponed to 12 June, a date that the defence and Gcaba mutually agreed upon.
“The state has already disclosed the contents of the dockets,” he added.
The judge granted the postponement, and the accused will remain in custody.
The five men are facing multiple charges, including conspiracy to commit murder, murder, unlawful possession of firearms, and possession of unlicensed ammunition, all in connection with the deaths of Forbes and Motsoane.
In addition, Mkhwanazi, Ndimande, Myeza, and Gwabeni face charges of money laundering.
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They are also charged with the attempted murder of Tshediso ‘Don Design’ Mokoko, Thotloetso Kutlwano Mogotsi, Lusaso Buthanani Ngcobo, Siyabonga Makhosative Mdluli, and Kerwyn Clive Patrick Jackson.
All the accused were denied bail in May 2024.
Earlier this year, in January, Gwabeni and Ndimande were denied bail for a second time.
Forbes and Motsoane were gunned down outside the now-closed restaurant Wish, located on Durban’s Florida Road, on 10 February 2023.
According to the state, CCTV footage and other evidence allegedly show the suspects tracking Forbes at King Shaka International Airport on the day of the murder.
The suspects were allegedly paid R800 000 for their involvement.
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