The fathers of Kiernan "AKA" Forbes and Tebello "Tibz" Motsoane, Tony Forbes and Sylvester Motsoane, arrived at the Durban High Court on Monday as the trial into the deaths of the two South African rappers commenced. The trial has seen significant developments, including the withdrawal of two heavyweight advocates from the defence team and the appointment of a senior advocate who also serves as an acting judge as replacement counsel.
The defence team underwent a major reshuffle last week, with Advocate Jimmy Howse SC, who represented fourth accused Mziwethemba Gwabeni, being replaced by Advocate William Nicholson SC. Additionally, Advocate Muzi Mzelemu, who represented Lindokuhle Thabani Mkhwanazi, will also represent Lindani Ndimande. The reasons for Howse's and another advocate's withdrawal were not disclosed.
The seven accused collectively face 11 charges, including conspiracy to commit murder. One of the accused, Siyanda Eddie Myeza, faces a further six charges and an alternative count arising from a separate alleged incident on May 6, 2022. The accused are alleged to have gunned down AKA and Tibz on Florida Road in February 2023.
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 and would oppose it.
The application for separation was brought by one of the accused, Lindokuhle Thabani Mkhwanazi, who 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. Mkhwanazi has been in custody without bail for almost two years and seven months.
Judge Nomfundo 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. Some witnesses will testify virtually from another province, while one witness has requested to testify in camera.
The trial is set to continue on Monday, with the State and defence preparing to present their cases. The accused, if convicted, could face serious penalties for their alleged roles in the murders of the two popular South African rappers.
Key points
- The trial into the deaths of Kiernan "AKA" Forbes and Tebello "Tibz" Motsoane has commenced at the Durban High Court.
- The defence team has undergone a significant reshuffle, with two advocates withdrawing from the case.
- The accused face serious charges, including conspiracy to commit murder and multiple counts of murder.
