Two of the seven men accused of the murders of renowned South African rapper Kiernan ‘AKA’ Forbes and celebrity chef Tebello ‘Tibz’ Motsoane are seeking to have their bail conditions reconsidered, but the State has strongly opposed their applications. Mziwethemba Harvey Gwabeni and Lindokuhle Ndimande filed a renewed bail application in the Durban Magistrate’s Court on Thursday, claiming that new facts had emerged which they hoped would persuade the court to release them.
However, the State rejected the notion that there were any exceptional circumstances warranting their release on bail. The prosecution also dismissed the evidence presented as “not new” and stated that the men had failed to provide compelling reasons for their requests. In particular, the State presented CCTV footage that allegedly places Gwabeni at the airport on the day AKA arrived in Durban. The footage shows Gwabeni following AKA and his entourage from the airport to the car hire offices, and even making a phone call to his co-accused, Lindani Zenzele Ndimande, while lingering nearby.
The footage also reportedly shows Gwabeni walking closely behind AKA as they made their way to the car hire desk, providing further evidence to suggest that Gwabeni was closely following the rapper in the hours leading up to the shooting. According to the State, this surveillance footage contradicts earlier claims by the defense that the State had no case against the accused, raising serious concerns about the veracity of their bail applications.
In his defense, Gwabeni claimed that his family had been struggling financially in his absence, citing outstanding school fees for his children. He argued that if granted bail, he would be able to return to work, support his family, and raise funds for his legal fees. Ndimande echoed similar concerns, asserting that his family was struggling without him and that his detention was an unjust form of anticipatory punishment. He also argued that the State lacked strong evidence to sustain the charges against him, implying that his detention was not warranted. He further argued that his release would enable him to secure the necessary funds to properly defend himself.
Both accused stated that the matter had not yet been moved to a Regional or High Court, which they suggested could be a reason for the delays in the legal process. However, the State firmly rejected their arguments, asserting that the facts presented were not new and did not warrant the reconsideration of their bail status.
The murders of AKA and Tibz took place in February 2023, when the two were shot dead outside the Wish restaurant in Durban. The case has drawn significant media attention, with many South Africans closely following the developments. The prosecution continues to build its case against the accused, and while the two men await the court’s decision, the matter is set to continue next week.
As the legal proceedings unfold, the public remains keenly focused on the case, with the families and supporters of AKA and Tibz awaiting justice for the tragic deaths of their loved ones. The renewed bail applications and the ongoing investigation suggest that this high-profile case will continue to capture the nation’s attention in the coming weeks.
