An accused has argued the state is “skating on thin ice as it has no evidence linking” him to the murder of rapper Kiernan “AKA” Forbes and his friend, chef and author Tebello “Tibz” Motsoane.
Lindokuhle Thabani Mkhwanazi, 30, made these claims when he submitted his bail application in the Durban magistrate's court on Thursday.
Mkhwanazi’s bail was one of two bail applications that were heard in court. An application by Siyanda Eddie Myeza, 21, was also heard. The two are among five suspects who appeared in court. The other accused are Lindani Zenzele Ndimande, 35, Mziwethemba Harvey Gwabeni, 36, and Lindokuhle Mhlaliseni Ndimande, 29.
They face 10 charges, including two counts of murder, five of attempted murder, conspiracy to commit murder, possession of unlawful firearms and possession of unlawful ammunition.
In his application, read out by advocate Simphiwe Mlotshwa, Mkhwanazi said he intended to plead not guilty to all the charges. He pleaded with the court to grant him bail and said he needed to support his pregnant wife financially and emotionally.
Mkhwanazi revealed he recently got married on June 23 2023, and his wife — who was present in court — was expecting their first child.
“I and my wife live at my parental homestead, but the two of us have built our own house at the same homestead. The costs for building the house are estimated to be in the region of R200,000. It even became necessary for my wife to approach Capitec Bank for a R100,000 loan facility to assist in completing the building of the house. To date, my wife still finances the loan facility, which I am helping her with. Hence my humble request to be admitted to bail,” he said.
Mkhwanazi said he was self-employed and owned two taxis operating under the Dukuduku Taxi Owners Association, in Mtubatuba, since 2020 and collected about R40,000 a month from the two taxis.
For lack of better words, detectives are clutching at straws desperately in this matter in that they don’t have anything to link me to the offences
— Lindokuhle Mkhwanazi
He said his father was the one who helped him start in the taxi industry with money he received from his retirement.
“For lack of better words, detectives are clutching at straws desperately in this matter in that they don’t have anything to link me to the offences.”
Mkhwanazi said he had chronic sinusitis and asthmatic health conditions for which he was receiving medication.
Mkhwanazi said on December 12 he was arrested in Mtubatuba and told it was in connection with the death of William Kunene. Kunene was shot dead at the Seadoone Mall near Amanzimtoti in November 2022.
He said after the arrest he was taken to Durban, where he was allegedly assaulted by police. He said he was surprised when during this assault and also tubing, police demanded of him to make a statement confessing to the murder of AKA.
“I denied steadfastly any involvement with the murder of AKA.”
The court heard Mkhwanazi was charged with murder, conspiracy to commit murder, unlawful possession of automatic firearms and unlawful possession of ammunition. He was granted R5,000 bail on January 8. However, he was also arrested on February 27 for the murder of AKA and Tibz.
“Though I am a layman, after the assault by police that was intended to extort a confession from me, I summarily concluded that the state is skating on thin ice as it doesn’t have evidence linking me to the offence(s). I will plead not guilty during the trial proceedings and put the state to proof thereof.
“I am willing, prepared and ready to take this court into my full confidence that I will be found not guilty if this matter proceeds to trial.
“The reasons for asking for bail are that I support my family and my siblings’ kids financially, my detention is an anticipatory punishment as the state doesn’t have evidence to sustain the charges, and I will stand trial in terms of section 60(4)(b) of the act as I want to prove my innocence.
“My release on bail will also help me to help my wife finance the loan facility she took for our house at my homestead. I desire to support my wife during her pregnancy until she gives birth to the baby, and it is my wish to be also physically and emotionally present when the baby is born,” said Mkhwanazi.
Myeza shared the same sentiment and said the state had no tangible evidence linking him to the murder.
The unemployed Myeza said he was in the job market after his employment at a shisanyama in Umlazi came to an end in April 2023. He revealed he has two pending matters for which he was on bail and his release would not result in public disorder, shock and outrage.
“My life will not be in danger if I were to be released on bail. The onus lies on the state to show that exceptional circumstances exist showing that my life will be in danger. I submit that no such exceptional circumstances exist.
“I have not had sight of the contents of the criminal docket/s and related evidence against me. I am therefore electing to decline to refer to or comment on the allegations against me bar for denying that I committed the offences set out in the annexures and intend pleading not guilty at trial,” said Myeza.
The court heard the affidavits for the other three accused were not yet ready.
The state requested the hearing be adjourned at 1pm as there was no water in the building.
The matter was adjourned to Monday when the other applications will be heard.
The state is opposed to bail for all five, and they will remain in custody pending their next appearance.
Meanwhile, AKA’s father Tony Forbes said the argument by the accused on why they should be given bail was not substantial.
He said Mkhwanazi’s plea for bail was only because he wanted to be there for his wife and the birth of his child.
“My son has an eight-year-old daughter as well. I mean, everything in his affidavit is about his wife, his wife — what about him? It's not his wife that is applying for bail.
“I'm just in court observing, but it's funny that the basis on why he should be given bail is because he wants to be there for his wife and kid — and also that he was given bail earlier this year, so he is entitled to another bail,” said Forbes, adding that he couldn't see a compelling reason for bail.
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