LISTEN | AKA murder suspects denied bail

15 January 2025 - 12:10 By Mfundo Mkhize
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Mziwethemba Harvey Gwabeni and Lindokuhle Ndimande, accused of murdering celebrated rapper Kiernan 'AKA' Forbes and his friend Tebello 'Tibz' Motsoane, were denied bail.
Mziwethemba Harvey Gwabeni and Lindokuhle Ndimande, accused of murdering celebrated rapper Kiernan 'AKA' Forbes and his friend Tebello 'Tibz' Motsoane, were denied bail.
Image: Mfundo Mkhize

The two men accused of murdering celebrated rapper Kiernan “AKA” Forbes and his friend Tebello “Tibz” Motsoane were on Wednesday denied bail by the Durban magistrate's court.

Mziwethemba Harvey Gwabeni and Lindokuhle Ndimande, who launched a court bid through their legal representative, advocate Simphiwe Mlotshwa, had cited the financial hardships endured by their families since their incarceration.

Magistrate Vincent Hlatshwayo, who looked at the evidence in totality, found there were no new facts in the case.

In his affidavits Gwabeni said the elite St Benedict's school had informed him about R100,00 in outstanding fees which needed to be settled before December 10 last year.

He said the school fees of another minor child had also fallen into arrears, and claimed one child had to go for counselling in August 2024.

Investigating officer Kumarisan Pillay said these were not new facts as they had been raised in the initial bail application in March last year.

“I would have to agree with the investigating officer about these not being new facts. Moreover, the applicant had said he will settle the fees while in custody,” said Hlatshwayo.

Gwabeni said his wife had also gone for therapy. He said both parents have rights and responsibilities for a minor child.

“Though Gwabeni is in custody, the child's mother is a qualified medical doctor. There is no question of a child in need of care,” said Hlatshwayo.

He said the applicants had also told court investigations were completed and it was unlikely there would be interference with state witnesses, and their matter had not been transferred to a regional or high court.

“When the matter was postponed in November it was agreed the matter will proceed on February 7 for it to be transferred to the high court. This cannot be a new fact,” said Hlatshwayo.

The magistrate was also not swayed by the bid by Ndimande.

In his bid Ndimande said his taxi, which earns R20,000 a month, had been involved in an accident though it was not reported to police as no-one was injured.

Hlatshwayo said the financial prejudice was self-created and the bail bid did not include new facts.

The matter has been adjourned to February 7.

TimesLIVE


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