The Durban High Court has heard evidence that 30 spent 9mm cartridges were recovered from the Mayville crime scene, where a shooting occurred in 2022. The cartridges are allegedly linked to the firearm used in the murders of Kiernan "AKA" Forbes and Tebello "Tibz" Motsoane. The seven men accused of the murders are Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Harvey Gwabeni, Lindokuhle Lindo Ndimande, and brothers Siyabonga Gezani Ndimande and Malusi Dave Ndimande.
The evidence relating to the Mayville shooting was presented by a detective from the Mayville police station, who took the stand to give brief testimony about exhibits collected at the crime scenes. The detective's evidence was limited, as the bulk of what he would have testified about related to six charges that were separated from the main trial. The charges were separated following a ruling by Judge Nomfundo Sipunzi on Tuesday.
The six charges, which relate to an alleged shooting on May 6, 2022, were brought against Siyanda Eddie Myeza, alongside Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Mziwethemba Harvey Gwabeni, Lindokuhle Mhlaliseni Mkhwanazi, and brothers Malusi Dave and Siyabonga Gezani Ndimande. The charges include conspiracy to kill two people, murdering two people, attempting to murder two others, and stealing a white Toyota Etios.
The separation application was brought by the defence in terms of Section 157(2) of the Criminal Procedure Act. However, the State opposed the application, arguing that the defence had relied on the wrong provision. Deputy Director of Public Prosecutions Advocate Lawrence Gcaba argued that the application should instead have been brought under Section 81 of the Act, which deals with the separation and joining of charges.
Despite the separation of charges, the State maintains that the firearm allegedly used in the Mayville shooting is linked to the Forbes and Motsoane murders. The detective told the court that a former colleague who collected the exhibits at the Mayville crime scenes would provide further clarity on the evidence. The State will lead evidence to show the originality of the firearm, which is relevant to count 10 of the charges, relating to the unlawful possession of a firearm.
The trial will continue with the main charges against the seven accused, who are facing murder charges for the killing of Forbes and Motsoane. The court has previously lifted a ban on reporting witness testimony in the trial. The State will present ballistic evidence to link the firearm used in the Mayville shooting to the murders.
The accused are Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Harvey Gwabeni, Lindokuhle Lindo Ndimande, and brothers Siyabonga Gezani Ndimande and Malusi Dave Ndimande.
Key points
- 30 spent 9mm cartridges were recovered from the Mayville crime scene.
- The firearm allegedly used in the Mayville shooting is linked to the Forbes and Motsoane murders.
- Six charges were separated from the main trial following a ruling by Judge Nomfundo Sipunzi.
