An alleged “spotter” who was inside Wish on Florida restaurant and “watching Kiernan ‘AKA’ Forbes’s movements” has claimed he was there to meet a woman but was stood up.
Lindokuhle Ndimande, 30, revealed this during his bail application at the Durban magistrate's court on Tuesday.
Ndimande is one of five suspects facing two counts of murder, five of attempted murder, conspiracy to commit murder, possession of unlawful firearms and possession of unlawful ammunition.
The other accused include Lindani Ndimande, 35, and Lindokuhle Mkhwanazi, 29, Siyanda Myeza, 21, and Mziwethemba Gwabeni, 36.
The matter was before court for the defence to respond to the state’s affidavit, which opposes the suspects being released on bail.
The state had said Ndimande was a spotter placed in the restaurant on the night AKA was murdered. He bought a meal with a Standard Bank card issued on the same day, and was not a frequent patron.
The next day, R100,000 was paid into Ndimande's Standard Bank account and R33,000 into spouse Hlengiwe Princess Mkhwanazi's Capitec account.
The state alleged this was payment for the hit.
In response to the allegation, Ndimande said on the night, February 10, he had arranged to meet a woman at the restaurant.
However, said Ndimande, realising the clock was ticking, he kept calling her, and she kept promising she would definitely come.
“I dispute any notion that I was a spotter as I was not even aware that the first deceased was also around. It was shortly after the gunshot that I heard there was shooting outside and that one of the victims was AKA. I did not know anything about the shooting.
“I deny the investigating officer's version that I changed positions while at Wish restaurant, and I dispute the investigating officer's version that I was not patronising Wish restaurant regularly,” said Ndimande.
Explaining the new card, Ndimande said before the night of AKA's murder, he had owned Discovery and Tyme Bank cards.
He said due to problems with these cards, his co-accused, Gwabeni — for whom he worked as a long-distance driver — used to deposit money into his brother Sifundo Ndimande's bank account.
Ndimande said he went to Standard Bank to open a bank account on February 10.
Ndimande said he worked without being paid over a period but was eventually paid R100,000 by Gwabeni.
He said he had been entrusted with driving Gwabeni, especially on long trips, and sometimes there would be months when he was not paid.
“The personal circumstances, the reasons I have given for release on bail, my undertaking to comply with any terms and conditions accompanying release on bail and the fact that I have demonstrated how doubtful the state’s case is, make a clear case that exceptional circumstances exist which in the interests of justice warrant my release on bail.”
Furthermore, Ndimande disputed that police had come to his homestead looking for him except on the day they approached his mother, who called him and said the police were looking for him.
“It is the only day I spoke to the police when the police also showed my mother where my grave would be next to the kraal if I did not hand myself over. I handed myself over in the morning with the assistance of my erstwhile attorney,” he said.
Ndimande disputes that he ever went to Eswatini.
“I cannot deny that my bank card was used in Eswatini as it is a virtual bank card loaded onto my phone in possession of one of the arrestees in Eswatini,” said Ndimande.
The matter was postponed to Monday when the court will hear the other applicants' affidavits.
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