Judge in AKA-Tibz murder trial makes U-turn on media broadcasting witness testimony

Judge Nomfundo Sipunzi amended her directive on media coverage of rapper Kiernan “AKA” Forbes and his friend Tebello “Tibz” Motsoane murder trial on Wednesday.

According to the new ruling, the media may now report on witness evidence as it is given.

However, witnesses may still not be identified.

The trial continued in the Durban High Court after Sipunzi approved an application to separate the trials.

Sipunzi ruled in favour of six accused, who argued that independent charges against Siyanda Myeza would cause unfair delays.

The accused are Lindokuhle Mkhwanazi, who brought forward the application to separate the trial, Lindani Ndimane, Siyanda Myeza, Mziwethemba Gwabeni, Lindokuhle Ndimande, Malusi Ndimande and Siyabonga Ndimande.

Security tightened in AKA-Tibz murder trial

On Tuesday, the court adjourned early due to security issues.

When the court resumed on Wednesday security was tightened after one of the accused was handed a phone the day before.

The tighter security measures included police officers placed inside and outside the courtroom. Private security personnel also monitored proceedings.

Furthermore, Saps officers stood on both sides of the seven accused, and a bench was moved to the front of the gallery to create more distance between the dock and the public.

Court officials were restricted to the front of the courtroom, while the media were moved to the gallery, while the first bench behind the accused was restricted.

Advocates and accredited media houses were the only people allowed inside.

What the media may now report

According to the amended directive, the court opened the trial to wide coverage.

“All accredited media houses and other forms of media are permitted to attend, observe, report on and broadcast the trial proceedings,” Sipunzi ruled.

Her directive went further on witness evidence.

“Media representatives may publish or broadcast the evidence of witnesses while they are testifying, and any exhibits admitted or tendered as part of the trial record.”

Reporters can also cover the plea, arguments by counsel, rulings, orders and any judgment.

Witness identities remain protected

The judge explained how the court balanced competing interests.

“The court recognises the importance of the principles of freedom of expression and open justice, while at the same time safeguarding the constitutional right of the accused persons to a fair trial and protecting the interests of witnesses who may be called to testify,” said Sipunzi.

The limit on witnesses was clear, with Sipunzi stating that strictly “no media coverage shall disclose the identities or personal particulars of any witness called by either the state or the defence”.

Rules for cameras and photographs

The directive also set out rules for equipment in the courtroom.

“All video cameras, filming equipment, and audio-recording devices shall remain stationary and shall be positioned in a manner that does not disrupt the proceedings or distract participants.”

Photographs were limited to times when court was not in session.

Sipunzi also left room for further changes.

She stated: “These directives may be amended, supplemented or varied by further order of the court should the interests of justice so require.”