KZN judge president warns against further delays in AKA murder case

KwaZulu-Natal judge president Thoba Poyo-Dlwati called on the state and defence to iron out issues in pretrial proceedings in the case of the five men accused of the murder of rapper Kiernan AKA Forbes at the Durban high court on Thursday.

Poyo-Dlwati was speaking at what was expected to be a pretrial conference where senior prosecutor Lawrence Gcaba asked for a postponement to July 24.

“On previous occasions we were not able to finalise the pretrial due to issues of legal representations of the accused. We request the pretrial to be set down for July,” said Gcaba.

Forbes and his celebrity chef friend Tebello Motsoane were gunned down at the now defunct Wish restaurant in Florida Road in February 2023.

Thabani Mkhwanazi, 30 Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 21, Mziwethemba Harvey Gwabeni, 36, and Lindokuhle Mhlaliseni Ndimande, 29, were arrested in February last year in connection with the murders.

The five face a raft of charges including conspiracy to commit murder, murder, possession of unlicensed firearms and ammunition.

Advocate Simphiwe Mlotshwa, former acting KwaZulu-Natal director of public prosecutions who represents Mkhwanazi and Ndimande, told the court he would not be available in July as he had another matter at the Madadeni court in Newcastle.

Poyo-Dlwati said they planned to set down the trial for three months and expected it to commence next year.

“Some of my colleagues are retiring so the trial needs to be finalised ... I will give [Mlotshwa] grace for the 24th but he must not take [further] briefs [from clients],” said Poyo-Dlwati.

She said if they were not available they should ensure someone would stand in for them.

Advocate Mkhululi Nkomo represents Myeza while advocate Paul Jorgensen represents Lindani Ndimande and Gwabeni.

Meanwhile a further two accused — brothers Siyabonga Gezani Ndimande and Malusi Dave Ndimande — continue to oppose their extradition to South Africa.

NPA regional spokesperson Natasha Ramkisson-Kara said appeal proceedings in the Eswatini court were under way.

“The respondents would have to file their heads of arguments and then the state will file their head of arguments. After that the matter will be set down for the hearing in Eswatini,” said Ramkisson-Kara.

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