In a significant development in the AKA-Tibz trial, Judge Nomfundo Sipunzi of the Durban High Court has amended the media reporting directive, permitting journalists to publish or broadcast witness evidence while witnesses are testifying. This change, however, still maintains the protection of witnesses' identities and personal details. The adjustment was made on Wednesday morning, shortly before Section 220 admissions under the Criminal Procedure Act were read into the record.
The original directive had prohibited the publication or broadcast of witness evidence unless the court authorized it, but allowed reporting on pleas, arguments by counsel, court rulings, and orders. The amendment comes after concerns were raised over what the media was permitted to report. Judge Sipunzi emphasized that while media representatives can now publish or broadcast witness evidence, they are not allowed to disclose the identities or personal particulars of witnesses.
The AKA-Tibz trial involves Kiernan "AKA" Forbes and Tebello "Tibz" Motsoane, along with five other accused: Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Harvey Gwabeni, Lindokuhle Lindo Ndimande, Siyabonga Gezani Ndimande, and Malusi Dave Ndimande. They face murder charges related to several deaths. On Wednesday, all seven accused admitted to not disputing the identities of the deceased, their causes of death, and other key facts.
The admissions made under Section 220 of the Criminal Procedure Act allow accused persons to formally admit facts that are not in dispute, thereby avoiding the need for the State to lead evidence proving those facts. This development could potentially streamline the trial process. Following the admissions, proceedings appeared to return to normal, with the public allowed back into the courtroom gallery.
Despite the return to normal proceedings, the trial is still dealing with the aftermath of a cellphone incident that caused tension in court on Tuesday afternoon. According to sources, police found Mziwethemba Harvey Gwabeni in possession of a cellphone allegedly given to him by an attorney not on record for the matter. Security remained tight in the courtroom on Wednesday, with additional court orderlies present.
The trial is expected to proceed with the State calling its first witness. The amended media directive is seen as a significant change, allowing for more comprehensive reporting on the trial while still adhering to the need to protect sensitive witness information. The case has garnered significant attention due to the high-profile nature of the accused and the seriousness of the charges.
The Durban High Court's decision to amend the media rules reflects a balance between the public's right to information and the need to protect witnesses. The trial's progression will be closely watched, given its implications and the public interest in the case. The court's measures aim to ensure a fair trial while allowing for transparency in the judicial process.
Key points
- The Durban High Court has amended its media reporting directive in the AKA-Tibz trial.
- The amendment allows media to report witness evidence while protecting witness identities.
- The trial involves seven accused, including Kiernan "AKA" Forbes and Tebello "Tibz" Motsoane.
