The pregnant wife of one of the accused in the murders of Kiernan “AKA” Forbes and his friend, chef Tebello “Tibz” Motsoane, has been linked to the alleged forgery of a medical report claiming her husband is asthmatic.
W/O Kumarasan Pillay made the allegation in an affidavit read out in the Durban magistrate's court by prosecutor Adv Elvis Gcweka on Wednesday.
Lindani Ndimande, 35, Lindokuhle Ndimande, 29, Siyanda Myeza, 21, Mziwethemba Gwabeni, 36, and Lindokuhle Thabani Mkhwanazi, 30, 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.
Pillay said Mkhwanazi provided a doctor’s note to the court during his bail application that confirmed he was asthmatic and receiving medication.
The notorious taxi boss from Mtubatuba, submitted the note to support his bail application.
Pillay said his team noted that the document had a doctor's stamp dated March 11.
The officer said on this date, however, Mkhwanazi was already in custody, and they were puzzled how he would have consulted the doctor.
“We visited Dr Moodley in his surgery and also met him later near his home. He was shown the said Exhibit C [doctor's note] as per Mkhwanazi’s affidavit. In his comment Dr Moodley indicated that on March 11 2024, a pregnant lady came in with a person she identified as Lindokuhle T Mkhwanazi, which are the same names of the applicant. The pregnant lady has given the name of Hlengiwe Nyathi on the list of patients for that day,” said Pillay.
Pillay said this was the name of Mkhwanazi’s wife documented in the marriage certificate submitted to court.
Moodley indicated “Mkhwanazi” told him he worked at Foskor and was asthmatic because he was exposed to chemicals, hence the reason for giving the note.
“He further indicated that the man did not have an ID document with him and therefore did not write the ID number on Exhibit C. He also indicated further the ID number on the document was not his handwriting,” said Pillay.
Moodley's affidavit of the visit of the pregnant woman and the man claimed to be Mkhwanazi was submitted to court.
Pillay said it was evident the man who visited the doctor was not the accused because he was in custody at the time.
He said this indicated the lengths to which Mkhwanazi and his wife were prepared to go to mislead the court.
“Mkhwanazi, therefore, knowing it to be false, deliberately supplied false information during these proceedings. This conduct by Mkhwanazi is indicative of someone who cannot be trusted. . There is all likelihood that Mkhwanazi will undermine or jeopardise the objectives or proper functioning of the criminal justice system,” said Pillay.
The wife, who was also present in court, is also fingered in money launderingafter she received a “hit” portion of the R800,000.
Earlier Pillay identified several of the accused receiving payouts from Gwabeni, including Hlengiwe, whose Capitec account was paid R33,000, and Mkhwanazi, who had R100,000 paid to his Standard Bank account.
At this stage, the state did not reveal whether Hlengiwe would be arrested and charged regarding the fraudulent medical report.
Pillay told the court the applicants claimed their lives were in danger from their foes.
He said some took refuge in other provinces and left their homes while others had unregistered bodyguards.
He said their lives were in constant danger from elements possibly unrelated to this matter.
“The evidence and the comments from members of the public indicate that the release of the applicants on bail will undermine or jeopardise the public confidence in the criminal justice system,” said Pillay.
Pillay said the investigations in this matter were at an advanced stage.
“My team and I took a long time to investigate this matter prior to arresting the applicantsnot to delay the matter further after arrest. This approach has yielded results because the investigations are advanced. The applicants have been in custody on this matter for a month. Some of the accused have been in custody longer, but that is due to them being arrested for other matters. None of the applicants, save for the unsubstantiated allegation of asthma by Mkhwanazi, highlighted any medical condition that this court should consider,” he said.
He said the applicants failed to establish the existence of exceptional circumstances warranting their release on bail.
He said the interests of justice did not favour the release of the accused on bail.
The matter was postponed to Tuesday April 2, where the defendants are expected to file a replying affidavit.
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