Two of the five men accused of murdering South African rapper Kiernan “AKA” Forbes and his friend Tebello “Tibz” Motsoane in February 2023, have launched a fresh bid for bail, citing crippling financial hardship impacting their families.
Mziwethemba Gwabeni, 36, and Lindokuhle Ndimande, 29, appeared in the Durban Magistrate’s Court on Thursday, presenting new arguments in support of their release. Their applications highlight the severe financial strain caused by their continued incarceration, with mounting debts and the inability to support their families.
Gwabeni, in an affidavit read by his advocate Simphiwe Mlotshwa, detailed the devastating consequences of his imprisonment. He revealed that St Benedict’s School, where one of his children attends, has issued a letter to his family demanding payment of R100,000 in outstanding school fees by 10 December 2024, threatening legal action for breach of contract if the debt remains unpaid.
Furthermore, another child's school fees at Grace Place School are also in arrears. His construction and mining businesses, his primary sources of income, are suffering due to his absence, leading to significant financial distress.
The prolonged incarceration has also taken a toll on Gwabeni's family. His children and his junior wife, who is unemployed, have required counselling. He also mentioned that another wife is a specialist doctor. The stress of his imprisonment, the financial burden, and the inability to provide for his family have created a cascade of problems.
Ndimande’s affidavit also highlighted the financial difficulties faced by his family. He stated that he is the primary financial provider for his father's wives, but his income has been severely impacted by his arrest. A taxi accident, which occurred after his arrest, further compounded the situation, leaving him unable to repair the vehicle and significantly reducing his income. He argued that his release would allow him to address these financial obligations and cover his legal fees.
The state, represented by prosecutor Elvis Gcweka, countered these arguments, stating that the issue of the case being heard in the district court was addressed on 29 November, leading to an adjournment until 7 February for the serving of indictments. Gcweka maintained that the accused failed to demonstrate exceptional circumstances warranting their release on bail.
The court heard evidence from Investigating Officer Kumarasan Pillay, who presented CCTV footage placing Gwabeni at King Shaka International Airport at the same time as AKA's arrival. Pillay described the footage, detailing Gwabeni's movements: "Forbes is seen arriving at 14:00 walking out at the arrival terminal towards the parking lot where his entourage joins him. Gwabeni arrives just at the time when Forbes is walking to his entourage as they join each other. Gwabeni follows them with a limp wearing a white and black long sleeve top and navy shorts, wearing Gucci shoes. He is seen on a call, which was later established to be a call to Zenzele [Lindani] Ndimande."
Pillay asserted that this evidence points to pre-planned execution of the murders. He explained how Gwabeni followed AKA and his entourage to a car hire office, remaining nearby before leaving almost simultaneously with them. Further CCTV footage showed Gwabeni's BMW following AKA to his hotel, and he made another call to Lindani Ndimande as he drove past.
Pillay also addressed Ndimande's claim regarding his damaged taxi, stating that investigations revealed the vehicle abandoned in Umkomaas, unrepaired despite Ndimande's alleged R70,000 monthly income from a poultry business and an additional R20,000 from the taxi. Pillay questioned how his release would facilitate the repair, suggesting the "new facts" presented were not actually new.
The five accused, including Lindokuhle Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, and Siyanda Eddie Myeza, 21, face charges of murder, money laundering, conspiracy to commit murder, unlawful possession of a firearm and ammunition, and five counts of attempted murder. The extradition of two brothers, Siyabonga Gezani Ndimande and Malusi Dave Ndimande, from Eswatini, who are also implicated in the murders, is currently facing legal challenges, further complicating the case. Magistrate Vincent Hlatshwayo reserved his ruling on the bail application until Wednesday, 15 January. The hearing continues.
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