The State has opposed a bid by one of the accused in the murder case of Kiernan "AKA" Forbes and Tebello "Tibz" Motsoane to have a co-accused tried separately on charges related to a 2022 shooting in Mayville. The application, brought by Lindokuhle Thabani Mkhwanazi, seeks to have Siyanda Eddie Myeza tried separately on six charges. However, the State argues that the application has been brought under the wrong section of the law.
The seven accused, including Mkhwanazi, face 11 charges, including two counts of murder and five counts of attempted murder in connection with the February 2023 killings of Forbes and Motsoane. Myeza alone faces an additional six charges, relating to a May 6, 2022 shooting in Mayville, where two men were killed and two others attempted to be killed. The State argues that Mkhwanazi's application is, in substance, an application for the separation of charges under Section 81 of the Criminal Procedure Act.
Investigating officer Warrant Officer Kumarasan "Bob" Pillay said in his affidavit that the relief sought by Mkhwanazi does not concern the separation of accused persons as contemplated in Section 157 of the CPA. Pillay stated that the State had previously consulted with the accused's attorney, Sibusiso Dlamini, about consolidating the Mayville charges with the AKA and Tibz indictment, and that no objection was raised.
Mkhwanazi had argued that the Mayville charges had nothing to do with him and that being forced to sit through evidence relating to those charges would cause financial prejudice and further delay his wait for a verdict. He has spent close to two and a half years in custody without bail. The application to consolidate the charges was granted by Judge Siphokazi Jikela, and the indictment was amended and served on all parties.
Pillay detailed alleged links between the firearms and the two cases, stating that a firearm seized when Myeza was arrested for illegal possession of a firearm in April 2023 was later found to be the same weapon allegedly used in the Forbes and Motsoane killings. A second firearm linked to the Mayville shooting was also allegedly linked to the main AKA and Tibz case.
The State argues that a separation of trials would result in duplication of evidence, inconvenience to witnesses, increased costs, and the potential for inconsistent findings by different courts. Pillay stated that ballistic experts and witnesses expected to testify on the Mayville charges also feature on the State's witness list for the AKA and Tibz murder charges.
The application will be heard on Tuesday morning by Judge Sipunzi. The accused, including Mkhwanazi, Lindani Zenzele Ndimande, Myeza, Mziwethemba Gwabeni, Lindokuhle Mhlaliseni Mkhwanazi, and brothers Malusi Dave and Siyabonga Gezani Ndimande, face a total of 17 charges.
Key points
- The State has opposed a bid to separate Mayville shooting charges from the AKA and Tibz murder trial.
- The application was brought under the wrong section of the law, according to the State.
- A separation of trials would result in duplication of evidence and increased costs.
