The Durban High Court has ruled that six charges against one of the accused in the murder case of Kiernan "AKA" Forbes and Tebello "Tibz" Motsoane be tried separately. Judge Nomfundo Sipunzi made the order after hearing arguments from both the defence and the State. The application was brought by first accused Lindokuhle Thabani Mkhwanazi, who sought to have six charges relating solely to third accused Siyanda Eddie Myeza heard separately before another court.
The six charges stem from a May 6, 2022 shooting on Jan Smuts Highway in Mayville, where Myeza is alleged to have conspired to kill two men, shot and killed them, attempted to kill two others, and stolen a white Toyota Etios. According to the affidavit of the investigating officer, the firearm allegedly used in the 2022 Mayville shooting has also been linked to the murders of Forbes and Motsoane. Myeza will face these charges separately from the main trial involving the murders of Forbes and Motsoane.
The State had opposed the application, arguing that the defence had relied on the wrong provision of the Criminal Procedure Act. KwaZulu-Natal Deputy Director of Public Prosecutions Advocate Lawrence Gcaba argued that Section 157(2), relied on by the defence, provided for the separation of accused persons and not the separation of charges. Gcaba submitted that the application should instead have been brought under Section 81 of the Criminal Procedure Act, which deals with the separation and joining of charges.
However, Judge Sipunzi found that the substance of the application implicated the accused's constitutional right to a fair trial. "Having considered evidence and submissions and applicable law, the application is granted. Myeza shall stand trial for counts 12-17 separately," Sipunzi ruled. The judge said the reasons for the order would be dealt with in her full judgment.
The rest of the accused, including Lindani Zenzele Ndimande, Mziwethemba Gwabeni, Lindokuhle Mhlaliseni Mkhwanazi, and Ndimande brothers Malusi Dave and Siyabonga, had aligned themselves with the application. They are facing 11 charges, including the murders of Forbes and Motsoane, and conspiracy to commit murder. The separation order means that Myeza's trial on the six Mayville-related charges will be heard separately from the main trial.
The murders of Forbes and Motsoane occurred on Florida road in February 2023. The seven men accused of killing them are currently on trial. The defence had argued that it would prejudice Mkhwanazi to remain in court while the State presented evidence relating to charges faced only by Myeza. The court's decision allows for a more focused trial on the main charges.
The trial is ongoing, with the prosecution presenting its case against the accused. The separation of charges against Myeza is expected to streamline the trial process. The accused will face the consequences of their alleged actions if found guilty.
Key points
- Siyanda Eddie Myeza to face separate trial on six charges related to 2022 Mayville shooting
- Judge Nomfundo Sipunzi grants application for separation of charges, citing accused's constitutional right to a fair trial
- Myeza's separate trial to focus on charges unrelated to murders of Forbes and Motsoane
