A protracted unsuccessful bail application involving five men accused of killing popular musician Kiernan “AKA” Forbes and his celebrity chef friend Tebello “Tibz” Motsoane was a telling precursor to their trial.
Durban magistrate Vincent Hlatshwayo on Wednesday ruled it would be “reckless and irresponsible” to grant Lindokuhle Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 21, Mziwethemba Harvey Gwabeni, 36, and Lindokuhle Mhlaliseni Ndimande, 29, bail.
Forbes and Motsoane were shot dead on February 10 2023 outside the now defunct Wish on Florida restaurant.
The murder would not have been possible without Siyanda Eddie Myeza’s involvement, though he was not present. Myeza played a pivotal role in the murder of the deceased
— Durban magistrate Vincent Hlatshwayo
The accused face 11 charges: two of murder, five of attempted murder, conspiracy to commit murder, possession of unlawful firearms and possession of unlawful ammunition. The state has since added money laundering to the charges.
Since their arrests in February this year, the five have waged a three-month bail application.
While the magistrate denied them bail, some of the accused were full of smiles and were greeted by people in the packed public gallery.
Hlatshwayo said while there was no evidence linking Myeza to the crime scene, the state had provided overwhelming evidence — mainly led by detective Kumarasan Pillay — about the other four being present.
“The murder would not have been possible without Siyanda Eddie Myeza’s involvement, though he was not present. Myeza played a pivotal role in the murder of the deceased,” said Hlatshwayo.
The youngest accused, who also has pending matters related to murder and possession of firearms, had a propensity to commit crimes.
According to his affidavit, Myeza, a father of three, said he lived with his mother in Umlazi. He denied he was employed by Gwabeni as a security guard and said he worked at a shisanyama outlet where he gets paid R700.
Gwabeni rejected the state's allegation of him being the mastermind in the plot to kill the hip-hop artist and responsible for sharing out cash after the shooting.
Gwabeni would not be drawn on the whereabouts of his co-accused on the day of the shooting and he was silent on the state evidence suggesting he had information about state witnesses.
He also dismissed state allegations the vehicles were hired for the murder, saying they were booked some time before the shooting.
“Gwabeni said the bank card used at the airport on the day of the shooting is linked to his wives and employees and the state was not in possession of the video footage depicting him,” said Hlatshwayo.
However, this was contrary to evidence of him being at King Shaka airport when Forbes arrived and that he followed the singer to the Hilton Hotel in Umhlanga.
Gwabeni was present when the firearms were collected at an off-ramp on the outskirts of Durban and was also at Umlazi when the guns were returned.
An amount of R800,000 from taxi boss Mfundo Gcaba was deposited into his account and he transferred money to the other four accused.
Hlatshwayo rejected a call by the defence for Gcaba's arrest. He also dismissed an application made by the director of public prosecutions on the extradition of two siblings in Eswatini, saying it was immaterial.
The murders have garnered huge public interest, locally and internationally, and this was evident by the packed public gallery
Turning to the other accused, Hlatshwayo said Mkhwanazi, who is from Mtubatuba and had recently married a teacher, was placed at the crime.
The state said Mkhwanazi had flouted his bail conditions on another matter which ruled he was to remain in Mtubatuba, but was found in Nseleni near Richards Bay.
Mkhwanazi said his passport had been handed over to police and he owns two taxis.
Lindani Ndimande is from KwesakwaMthethwa, near Empangeni, and has an alternative address in Protea Glen, Johannesburg, where he lived with his fiancé.
He claimed he was illegally arrested at the Maponya Mall and was tortured.
Ndimande said he owned four taxis. He claimed to have lost siblings as a result of taxi violence. He claimed he was a target and police would assassinate him.
The matter was adjourned to August 8 for further investigations.
Some defence attorneys have not ruled out an appeal.
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