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. The accused, who are standing trial for the deaths of Forbes and his friend Tebello "Tibz" Motsoane, had argued that Myeza's separate charges would prejudice them financially and delay the trial.
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, were arraigned in court on Monday, where they pleaded not guilty to 11 charges. These charges include conspiracy to commit murder, two counts of murder, five counts of attempted murder, and illegal possession of guns and ammunition. Myeza, however, faces six additional counts related to the May 2022 murder of Gift Khanyile, attempted murder of two others, and the theft of a car.
The application to separate Myeza's charges was filed by accused number one, Mkhwanazi, who argued that it would be unfair to have Myeza's charges heard in the same trial. Mkhwanazi drew parallels with the Senzo Meyiwa murder trial, citing concerns about delay and prejudice. The defence argued that failure to separate Myeza's charges would result in "palpable prejudice that will culminate in a miscarriage of justice". The state, however, opposed the application, citing overlap in evidence related to a gun found on Myeza when he was arrested.
The state relied on an affidavit by W/O Kumarasan Pillay, who stated that certain aspects of the ballistic evidence in the Mayville matter overlap with the evidence in the main matter. Additionally, some witnesses expected to testify in the Mayville matter are also witnesses in the Berea matter. However, senior state prosecutor Lawrence Gcaba's argument that the defence had applied for a separation of trial with the wrong law was rejected by the judge.
On Tuesday, Judge Sipunzi granted the application to split the trial, ruling 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 both the accused and 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 hear evidence related to the deaths of Forbes and Motsoane, who were killed outside the Wish restaurant on Florida Road in February 2023. The accused are alleged to have conspired to commit murder, and the state will present evidence to support these charges.
The separation of charges is a significant development in the trial, and it is likely to have an impact on the proceedings. The trial will now focus on the charges against the six accused, while Myeza's separate trial will be heard at a later date. The judge's ruling has ensured that the right to a fair trial is protected for all parties involved.
Key points
- The court granted the application for separation of charges in the AKA murder trial.
- Siyanda Eddie Myeza will stand trial alone on charges related to the May 2022 murder of Gift Khanyile.
- The AKA trial is set to continue until November 6.
