From left, Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Harvey Gwabeni and Lindokuhle Lindo Ndimande during a bail application in the AKA and Tibz murder case at Durban Magistrates’ Court on 18 March 2024. (Photo: Gallo Images / Darren Stewart) 
Durban magistrate Vincent Hlatshwayo dismissed the latest bail application of Mziwethemba Harvey Gwabeni (36) and Lindokuhle Ndimande (29) on Wednesday, 15 January, stating that the facts submitted to the court were not new. The men are among the accused in the murder of South African musician Kiernan Jarred Forbes (AKA) and his friend and former manager, Tebello “Tibz” Motsoane in Florida Road, Durban in February 2023.
/file/dailymaverick/wp-content/uploads/2025/01/ED_495796.jpg "Accused Mziwethemba Harvey Gwabeni. (Photo: Gallo Images / Darren Stewart)")
/file/dailymaverick/wp-content/uploads/2025/01/ED_495793.jpg "Lindokuhle Lindo Ndimande. (Photo: Gallo Images / Darren Stewart)")
This means that two years after Forbes’ murder, the State can hand over the indictment and a substantive summary of facts explaining the allegations against them and their role in the execution of the crime.
On Thursday, 9 January, the two submitted a third bail application in the Durban Magistrates’ Court, citing new circumstances. The pair’s initial bail application, along with Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande (35), and Siyanda Eddie Myeza (21) was denied in May 2024. Their appeal against that decision was also dismissed in the Durban High Court.
Gwabeni and Ndimande, along with Mkhwanazi, Lindani Ndimande and Myeza, stand accused of the February 2023 murder of Forbes (AKA) and Motsoane.
Read more: Seven arrested, including alleged ‘mastermind’, for murder of rapper AKA – Police Minister Cele
Gwabeni highlighted as new information that an elite school was initiating action against him for failing to pay school fees. He further claimed that as a result of his incarceration, St Benedict’s School sent his family a letter for breach of contract as a result of his failure to pay an outstanding amount of R100,000 by 10 December 2024.
/file/dailymaverick/wp-content/uploads/2023/02/0000219585.jpg "Murdered rapper Kiernan Forbes (AKA). (Photo: Gallo Images / City Press / Elizabeth Sejake)")
Ndimane presented the argument that he had been dealt a financial blow when his taxi, his sole source of income, was involved in an accident following his detention, leading to a financial burden on his family.
However, an investigation revealed that the accident had not been reported to the police and the taxi was discovered abandoned, allowing the wreck to waste away.
No new facts
Dismissing the pair’s bail application this week, Hlatshwayo emphasised that it was an abuse of procedure and proceedings to allow an unsuccessful bail applicant to resubmit the same application for release on the same set of facts.
They did not present any meaningful new evidence to justify the accused’s release on bail.
Regarding the breach of contract letter from St Benedict’s School and school fees at Grace Place, the court agreed with investigating officer Kumarisan Pillay’s assertion that this had already been raised and dealt with in the initial unsuccessful bail application.
Hlatshwayo further pointed out that Gwabeni made an undertaking to honour the payment while he was in custody.
A previous bail application raised the question of interference with witnesses. On that occasion, and again this week, the Durban Magistrates’ Court found that the likelihood of witness interference or intimidation still existed.
The accused face charges of conspiracy to commit murder, two counts of murder, unlawful possession of a firearm, unlawful possession of ammunition and five counts of attempted murder. Mkhwanazi, Lindani Ndimande, Myeza and Gwabeni also face additional money laundering charges for the acquisition, possession or use of the proceeds of unlawful activities.
The State further contends that Gwabeni was the coordinator of the hit, who received R800,000 from a well-known taxi business owner for the murders, which he then shared with his co-accused.
Extradition issue
/file/dailymaverick/wp-content/uploads/2024/03/Aka-Swazi_1c4733.jpeg "Brothers Siyabonga and Malusi Ndimande, who were arrested in Eswatini in connection with the murder of rapper Kiernan ‘AKA’ Forbes and his friend Tebello ‘Tibz’ Motsoane. (Photo: Twitter / @Nhlajules)")
Meanwhile, the extradition case of brothers Siyabonga and Malusi Ndimande, who were arrested in Eswatini in connection with the murder of Forbes and Motsoane, has resulted in several postponements of the matter.
Read more: AKA murder — Eswatini court postpones extradition case against two suspects
In August 2024, the brothers were found liable for extradition. A written judgment was handed down and served on them on 23 September 2024 in the Manzini Magistrates’ Court. They have appealed against the extradition and the matter is heading to the Supreme Court of Appeal.
Magistrate Hlatshwayo found that this would have no impact on the bail application this week because the State had already committed to proceeding with or without the Ndimande brothers.
The five accused will return to court on Friday, 7 February 2025. DM