The murder trial of Kiernan 'AKA' Forbes and Tebello 'Tibz' Motsoane commenced on Monday at the Durban High Court in South Africa. The seven accused, who are alleged to have gunned down the friends on Florida Road in February 2023, were present in court. The defence team underwent a significant shake-up last week, with two heavyweight advocates withdrawing from the case. Advocate Jimmy Howse SC, who represented fourth accused Mziwethemba Gwabeni, was replaced by Advocate William Nicholson SC, who also serves as an acting judge.
The defence shake-up also saw Advocate Muzi Mzelemu take over the representation of Lindani Ndimande, in addition to Lindokuhle Thabani Mkhwanazi, who was previously represented by Mzelemu and Advocate Simphiwe Mlotshwa. Mlotshwa will now also represent Siyanda Eddie Myeza, alongside Advocate William Nicholson SC. The reasons for the withdrawal of the two advocates were not stated. The changes were placed on record on Wednesday when the matter was heard in the absence of the accused before Judge Nomfundo Sipunzi.
The State and defence were also preparing to deal with an application for the separation of the trial. KwaZulu-Natal Deputy Director of Public Prosecutions Advocate Lawrence Gcaba said the State had received papers relating to the application five minutes before Wednesday’s proceedings. The State will oppose the application and intended to file its response by Saturday. The application was brought by Mkhwanazi, who argued that the charges against Myeza should be prosecuted separately as he faces additional charges, including two counts of murder and theft charges relating to a Toyota Etios.
Mkhwanazi has been in custody without bail for almost two years and seven months. He argued that it would cause him financial prejudice and waste his time to sit through the trial while the State presented evidence relating to Myeza’s additional charges. The accused collectively face 11 charges, including conspiracy to commit murder. Myeza faces a further six charges and an alternative count arising from a separate alleged incident on May 6, 2022, on Jan Smuts Highway in Mayville.
Judge Sipunzi directed both sides to resolve outstanding issues before the trial starts. These include Section 220 admissions — facts agreed upon by the State and defence which do not need to be proved through evidence in court. Gcaba said these admissions would cover matters including the postmortem reports and causes of death. The judge emphasized that she did not want issues emerging unexpectedly once the trial was underway.
Some witnesses will testify virtually from another province, while one witness has requested to testify in camera. The trial will continue on Monday, with the State and defence expected to present their cases. The accused are alleged to have gunned down AKA and Tibz on Florida Road in February 2023. The case has garnered significant attention in South Africa, with many following the developments.
The families of the victims, including AKA's father Tony Forbes and Tibz's father Sylvester Motsoane, were present in court. The trial is expected to be a lengthy and complex one, with multiple charges and accused involved. The court has been urged to ensure a fair trial for all parties involved.
Key points
- The defence team for the seven accused underwent a significant shake-up last week.
- The State will oppose an application for the separation of the trial brought by one of the accused.
- The trial will continue on Monday, with the State and defence expected to present their cases.
