The Durban High Court has amended its reporting directive, allowing journalists to publish or broadcast witness evidence while protecting the identities and personal details of witnesses in the murder trial of Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane. Judge Nomfundo Sipunzi amended the directive on Wednesday morning, shortly before Section 220 admissions in terms of the Criminal Procedure Act were read into the record. This amendment aims to provide clarity on what can be reported during the trial.
The original directive had left members of the media unclear about what they were permitted to report. Sipunzi’s amendment related to paragraph three of the directive, which previously stated that the media could not publish or broadcast the evidence of witnesses while they were testifying unless otherwise authorised by the court. The new directive allows media representatives to publish or broadcast the evidence of witnesses while they are testifying, and any exhibits admitted or tendered as part of the trial record.
However, media reports may not disclose the identities or personal particulars of any witnesses called by either the State or the defence. This condition ensures that the witnesses' rights are protected while still allowing the public to be informed about the trial proceedings. The directive had, however, allowed the media to publish and broadcast the pleas, arguments advanced by counsel, rulings and orders issued by the court, as well as judgments.
Following the amendment, all seven accused have admitted that they are not disputing the identities of the deceased, their causes of death, the places where they were murdered, the subsequent postmortem reports and the photographs contained in the crime-scene photo album. The accused are Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Harvey Gwabeni, Lindokuhle Lindo Ndimande, Siyabonga Gezani Ndimande and Malusi Dave Ndimande.
Proceedings appeared to have returned to normal on Wednesday, with members of the public allowed back into the gallery. The cellphone incident that caused tension in court on Tuesday afternoon has not been raised on the record and no one is talking about it. This incident involved police allegedly finding Gwabeni in possession of a cellphone which he was allegedly given by an attorney who is not on record for the matter.
Security remains tight, with additional court orderlies present in the courtroom. The attorney alleged by reliable sources to have given Gwabeni a cellphone while he was in the court cells is also present in court. However, unlike previous proceedings, he is not seated at the front with the defence legal teams. The trial is expected to proceed with the State calling its first witness.
The court’s decision to amend the reporting directive is a significant development in the trial. The case involves the murder of Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane, and the accused are facing serious charges. The media's ability to report on the trial proceedings will help keep the public informed, while the protection of witness identities and personal details ensures their safety.
Key points
- The Durban High Court has amended its reporting directive to allow journalists to publish or broadcast witness evidence in the AKA and Tibz murder trial.
- The media is not allowed to disclose the identities or personal particulars of any witnesses called by either the State or the defence.
- The trial is expected to proceed with the State calling its first witness, following the Section 220 admissions by the accused.
