The man whose bank account reflected receiving a R800,000 deposit the day after Kiernan “AKA” Forbes was killed, followed by payments to his co-accused, says the timing of the cash transfers was simply coincidental.
Mziwethemba Harvey Gwabeni, 36, who has been identified as a “coordinator” in connection with the deaths of AKA and his friend, chef and author Tebello “Tibz” Motsoane, in Durban in February last year, submitted his bail application in the Durban magistrate's court on Tuesday.
He and his four co-accused, Lindokuhle Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 21, and Lindokuhle Mhlaliseni Ndimande, 29, face 10 charges, including two counts of murder, five counts of attempted murder, conspiracy to commit murder, possession of unlawful firearms and possession of unlawful ammunition.
In an affidavit before the Manzini magistrate’s court in Eswatini — as part of an application to extradite two other accused linked to the February 2023 killings — KwaZulu-Natal director of public prosecutions Elaine Harrison alleged that Gwabeni followed AKA from King Shaka airport to a hotel in Umhlanga in a hired grey Polo.
Harrison said after the murder, bank records showed Gwabeni received about R800,000 and later that day, cellphone records of the co-accused placed them in the vicinity of Gwabeni’s home.
She said around the same time, Gwabeni transferred R133,000 to the co-accused.
However, in court Gwabeni said R803,000 was paid to him from a reputable company, with whom he does business.
“In fact, our business relationship goes back three years.”
He said it was true that he transferred money, as alleged, as he had not paid the individuals concerned for some time.
“The nature of my work is that the supply of money is not always constant and regular ... The state is relying on coincidence. The entire basis of the state’s case is premised on the supposed payment made to me,” said Gwabeni.
He confirmed he had a grey BMW — a vehicle Harrison said in her affidavit was linked to the murder. He said it was used by his staff to, among other things, pick up his children from school and is driven by a number of individuals.
He said the grey BMW had gearbox issues and had to be repaired. The car was being driven by a mechanic when he was stopped by police, presumably in connection with this case, said Gwabeni.
“They did not arrest him but took possession of the BMW. Thereafter, the mechanic called and informed me that the police said that they were investigating someone. I wish to be clear, I do not recall driving the BMW, nor was I driving it on the day that the deceased were killed, as alleged,” he said.
The court heard Gwabeni was a businessman who had been convicted of contravening Covid-19 regulations in 2022 and was fined R1,000.
Gwabeni said he derived income from three main sources including consulting in the mining industry, construction and from mining itself.
Gwabeni said he is the director of Mooifontein, and receives proceeds from the business’ involvement in the construction industry.
He said it operates out of his residence and has a turnover of about R2m to R3m per annum.
“I am a shareholder of Gwabs Trading, which operates in Mpumalanga. The company also has a security division, the function of which is to guard myself, my family and my personal possessions. This is not a registered security company as such, but rather a division of Sinesipho Samahlubi, and as a consequence thereof, those employed from time to time to act as guards are not registered with the security industry.
“They do not need to be given the nature and manner of their employment. In this regard, I came to employ my co-accused in this matter and utilised their services as security guards when I travelled to Mpumalanga, where my mining businesses are situated,” said Gwabeni.
He said he hired them due to his “exposure” to the taxi industry where he would, from time to time, provide funding to individuals wanting to gain a foothold in that industry. However, he said he does not own any taxis.
As a director of Mooifontein, Gwabeni owns 49% of the Ermelo-based company, which employs about 64 people. A further 12 people are employed at the security division.
“I derive an income of about R300,000 to R400,000 per month.”
Gwabeni said if he were to be jailed pending the finalisation of the trial, his business would be ruined.
He said arrest and detention on its own, apart from the negative publicity, would ruin his business and the livelihoods of many employees and their families.
Gwabeni said the entire basis of the state’s case is premised on the payment made to him, on a “self-created conspiracy theory regarding the sequence of events that led to the killing of the deceased”.
“It is paramount for me to highlight that it has taken the police more than a year to investigate this matter and my position has not changed. The state’s case is based on circumstantial evidence,” he said.
Gwabeni said there was no justification for the state to arrest him one year later as they had access to his bank statements much earlier.
The court has heard applications from all five accused in the matter.
The matter was postponed to March 27 when the state will make its submission. It has opposed the accused being released on bail.
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