Three men arrested in full view of the public at a shopping centre in Cape Town have instructed their attorneys to pursue legal action against the state for wrongful arrest.
The men and another were arrested a week ago. Several media reports alleged they were linked to the murder of rapper Kiernan “AKA” Forbes and celebrity chef Tebello “Tibz” Motsoane.
However, three of the men were released on Wednesday night, three days after being detained and without being charged.
“The guys fear for their lives. Several reports were linking them to the murder of the famous musician, and as you are aware, they were arrested in full public view and there are videos of them all over. They are now in hiding and have instructed us as a legal team that they want to pursue legal action against the police,” said advocate Annelene van den Heever.
The men were, however, pleased they had been released.
She said the legal team would be drafting a notice to the relevant authorities of the intention to sue.
"My clients spent several days in custody without being charged. They were forced to travel from Cape Town to Durban and spent hours on the road. They were then let go at night on Wednesday without any reason."
— Adv Annelene van den Heever.
They are yet to reveal how much they will be suing the police for.
“My clients spent several days in custody without being charged. They were forced to travel from Cape Town to Durban and spent hours on the road. They were then let go at night on Wednesday without any reason,” Van den Heever said.
She said the state didn’t have a case against her clients but still opted to keep them in custody for days.
“My clients suffered so much under the hand of the police. The law clearly says that an arrested person should appear in court before the end of 48 hours. However, my clients were arrested on Sunday and only let go on Wednesday after the 48 hours had passed.”
Forbes and Motsoane were gunned down outside a popular Durban restaurant on Florida Road on February 10. The four arrested men were transported to Durban from Cape Town on Tuesday.
The suspect still in custody, Siphamandla Ngcobo, a convicted murderer and robber who was on parole, was charged with robbery with aggravated circumstances.
Ngcobo was released on parole in 2019, and his sentence was due to end in 2026. Ngcobo appeared in the Durban magistrate’s court on Thursday.
According to the charge sheet, seen by Sunday Times, Ngcobo, who is from Durban, allegedly robbed a Mr Ndlovu of a white Mercedes-Benz near Joe Cools pub on the Durban beachfront on January 7.
According to sources, the same car is believed to have been used as a getaway car after the rapper and the celebrated chef were killed by two hitmen.
However, no mention was made of that in court.
A source who spoke to TimesLIVE said last month, police managed to recover the getaway vehicle used in the murder of Forbes and Motsoane.
The vehicle, a white Mercedes-Benz C-Class sedan with a damaged tail light, was identified via CCTV footage gathered by detectives from residential premises near Florida Road.
The vehicle was recovered in Mayville in Durban.
Ngobo’s appearance, which was supposed to be brief, turned into a four-hour session, with lengthy arguments from counsel.
State prosecutor Kuveshni Pillay said Ngcobo’s arrest had nothing to do with Forbes and Motsoane’s deaths , ending speculation. .
Ngcobo will remain in custody until his next court appearance on Wednesday.
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