The trial of seven men accused of killing rapper Kiernan "AKA" Forbes and Tebello "Tibz" Motsoane began in the Durban High Court, with six of the accused requesting a separate trial from co-accused Siyanda Eddie Myeza. Myeza faces additional charges linked to a 2022 murder case. The six accused, led by Lindokuhle Thabani Mkhwanazi, argue that keeping the matters together could unnecessarily prolong the trial.
Myeza's additional charges relate to the May 2022 murder of Gift Khanyile in Mayville, two counts of attempted murder, conspiracy to commit murder, and theft of a motor vehicle. The state had consolidated the Mayville matter with the Forbes and Motsoane case, citing a link between the evidence in the two matters. However, Mkhwanazi's application argues that the other accused should not have to remain part of proceedings involving allegations that apply only to Myeza.
The state, represented by Warrant Officer Kumarasan "Bob" Pillay, opposes the separation, citing an evidential connection between the two matters. Pillay's affidavit states that some ballistic evidence in the Mayville matter overlaps with evidence in the main case, and some witnesses are expected to give evidence in both matters. The state believes that keeping the matters together will avoid duplication and allow the court to consider the connected evidence together.
The defence has disputed aspects of the state's position in a replying affidavit. The court must now decide whether Myeza's additional charges should remain part of the same proceedings or be dealt with separately. The application comes as the main trial gets underway more than three years after Forbes and Motsoane were killed on February 10, 2023, outside the Wish restaurant on Florida Road in Durban.
The seven accused, who all pleaded not guilty, face charges including two counts of murder, attempted murder, conspiracy to commit murder, and offences relating to firearms and ammunition. Myeza is the only accused who faces additional charges in the same proceedings. The trial, scheduled from October 5 to November 6, with further dates to be determined, has been subject to restrictions on reporting evidence.
Judge Nomfundo Sipunzi ruled that the identities and personal details of witnesses may not be published, and their testimony may not be broadcast while they are giving evidence. The court also restricted the broadcasting or publication of exhibits unless permission was granted. Media coverage of certain aspects of the trial remains permitted, with the court stressing the need to balance open justice and freedom of expression with the accused's right to a fair trial and the interests of witnesses.
The six accused supporting Mkhwanazi's application argue that keeping Myeza's additional charges in the same trial could cause unnecessary delays. The state maintains that the matters are connected through evidence and witnesses. The trial continues with the separation application before the court, and a final decision has not been made. The seven accused remain in custody as the trial proceeds.
Key points
- The six accused seek a separate trial from Siyanda Eddie Myeza, who faces additional charges linked to a 2022 murder case.
- The state opposes the separation, citing an evidential connection between the two matters.
- The trial has been subject to restrictions on reporting evidence to balance open justice and the accused's right to a fair trial.
