In a significant development in the murder trial of South African rapper Kiernan “AKA” Forbes, six of the seven accused celebrated a legal victory on Tuesday. Judge Nomfundo Sipunzi granted an application for separation of charges, allowing the trial to proceed without one of the accused, Siyanda Eddie Myeza, who faces additional charges. Myeza's charges include the May 2022 murder of Gift Khanyile, attempted murder of two others, and theft of a car.
The seven accused, including Lindokuhle Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, Mziwethemba Harvey Gwabeni, 36, Lindokuhle Mhlaliseni Ndimande, 29, Malusi Dave, 30, and Siyabonga Gezani Ndimande, 31, are standing trial for the deaths of Forbes and his friend Tebello “Tibz” Motsoane. The two were killed outside the Wish restaurant on Florida Road in February 2023. The accused pleaded not guilty to 11 charges, including conspiracy to commit murder, two counts of murder, and attempted murder.
The application for separation of charges was filed by accused number one, Mkhwanazi, who argued that Myeza's additional charges would financially prejudice him and delay the trial unnecessarily. Mkhwanazi drew parallels with the Senzo Meyiwa murder trial, citing concerns about the potential for a lengthy and complex trial. The five other accused supported Mkhwanazi's affidavit, stating that failure to separate Myeza's charges would prejudice them.
The state opposed the application, citing an overlap of evidence related to a gun found on Myeza when he was arrested for unlawful possession of a firearm and ammunition. W/O Kumarasan Pillay, attached to the provincial murder and robbery unit, submitted an affidavit stating that some witnesses in the Mayville matter are also witnesses in the Berea matter. However, Senior State Prosecutor Lawrence Gcaba's argument that the defence applied for a separation of trial with the wrong law was unsuccessful.
Judge Sipunzi ruled that Myeza will stand trial alone on the counts relating to the murder, attempted murders, and vehicle theft in May 2022. The judge stated that the substance of the application implicates the right to a fair trial, which must be afforded to the accused individually as well as the state. The reasons for the ruling will be explained in a full judgment to be delivered later.
The AKA trial is set to continue for a month until November 6. The trial will focus on the charges related to the deaths of Forbes and Motsoane, with the six accused facing charges of conspiracy to commit murder, two counts of murder, and attempted murder. The separation of Myeza's charges is expected to streamline the trial process and avoid potential prejudice to the other accused.
The case has garnered significant attention in South Africa, with many following the developments in the trial. The judge's ruling is seen as a significant development in the case, allowing the trial to proceed in a more focused and efficient manner. The trial is expected to continue in the coming weeks, with the state presenting its case against the six accused.
Key points
- A South African judge grants application for separation of charges in AKA murder trial
- Six of seven accused in AKA murder case to proceed with trial without Siyanda Eddie Myeza
- Myeza to stand trial alone on additional charges related to May 2022 murder and theft case
