The seven men accused of orchestrating and killing rapper Kiernan “AKA” Forbes and his friend Tebello “Tibz” Motsoane have been quietly transferred to one of South Africa’s most secure prisons, disrupting defence preparations and raising questions over who ordered the move.
It emerged in the Durban Magistrate’s Court on Friday that all seven accused are now being held at Ebongweni C-Max, a super-maximum security facility in Kokstad, far from their original detention site at Westville Correctional Centre in Durban.
The revelation came during the latest appearance of brothers Dave and Siyabonga Ndimande, the alleged triggermen in the high-profile case, who were extradited from eSwatini in November last year. The pair did not appear in person; instead, they joined proceedings virtually from a boardroom inside Ebongweni C-Max, dressed in yellow prison pants with correctional officials seated behind them.
“On 2 January, we found out that means and ways were set in [place], we don’t know by who and where, but all the accused in this matter were removed from Westville [Prison] to Kokstad,” said advocate Simphiwe Mlotshwa, who represents both brothers.
An insider close to the investigation told News24 that the other accused – Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Harvey Gwabeni and Lindokuhle Lindo Ndimande – were moved in December.
Lindani Zenzele Ndimande and Lindokuhle Lindo Ndimande are related to Siyabonga and Dave, but were arrested in Durban along with the other accused in 2024, well before the extradition of the two alleged hitmen from eSwatini.
Forbes and Motsoane were brazenly gunned down on 10 February 2023 on Durban’s busy Florida Road. Forbes was walking out of a popular restaurant when he was shot at close range, in what police have described as a planned assassination. Motsoane, his long-time friend and associate, was killed alongside him.
The defence now says the sudden transfer of the accused from Westville to Kokstad is hampering their ability to prepare for trial. Ebongweni C-Max is a remote, high-security facility with strict controls, including limited time for consultations between lawyers and inmates.
In court, Mlotshwa told Magistrate’s Court officials that he had written to the Department of Correctional Services (DCS) asking why the men were moved and whether they could be brought back to Westville. His main complaint is that the Kokstad facility limits attorney-client consultations to just 30 minutes.
“This does not amount to meaningful consultation time,” he argued.
Previously, on 19 December, Mlotshwa had applied for access to documents relating to the brothers’ extradition from eSwatini. He told the court on Friday that, although some documentation had since been received from the State, there were still gaps.
He said that “something seemed to have gone through the cracks, there was still information outstanding”, and that this had increased the need for him to consult fully with his clients – something the 30-minute cap made difficult.
“We are still awaiting a reply of the email we sent to Correctional Services; we have been informed that a reply has been made, but it has not reached our hands,” Mlotshwa added.
Senior State advocate Elvis Gcweka confirmed in court that the prosecution was aware that DCS had responded.
He said the State was aware that there had been a reply sent by DCS, but added that “we don’t have the full info as [to] why the accused were moved”.
Gcweka told the court that the State and defence had agreed in advance on a provisional postponement date of 4 March, to allow time to clarify the transfer issue and deal with the outstanding documentation.
The Ndimande brothers are facing more than just the AKA and Tibz murder case. Both are also charged in a separate 2022 Amanzimtoti matter, which involves counts of murder, conspiracy to commit murder, attempted murder, and unlawful possession of firearms and ammunition.
On top of that, Siyabonga faces an additional Berea murder charge, linked to an alleged killing committed one month after Forbes’ assassination.
For now, all seven accused remain in the high-security confines of Ebongweni C-Max in Kokstad, appearing by video link as the case inches forward. The defence is pushing for better access to their clients and answers on the unexplained prison transfer, while the State prepares for what is expected to be a complex and closely watched trial into one of South Africa’s most prominent murder cases in recent years.
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