The State has opposed an application to separate charges in the AKA and Tibz murder trial, citing links between the high-profile assassinations and a separate double murder committed months earlier. The application, brought by first accused Lindokuhle Thabani Mkhwanazi, seeks to have co-accused Siyanda Eddie Myeza tried separately on six charges stemming from a Mayville shooting in 2022.
According to the amended indictment, all seven accused face 11 charges, including two counts of murder and five counts of attempted murder. Myeza alone faces a further six charges, numbered counts 12 to 17, including two counts of murder and two counts of attempted murder. These charges stem from a May 6, 2022 shooting on Jan Smuts Highway in Mayville.
The State argues that it has been brought under the wrong section of the law and that separating the matters could result in evidence being duplicated and different courts reaching inconsistent findings. Investigating officer Warrant Officer Kumarasan “Bob” Pillay said in his affidavit that the relief sought by the accused does not concern the separation of the accused persons as contemplated in Section 157 of the CPA.
Pillay detailed the alleged links between the firearms and the two cases. 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.
Pillay said 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. This overlap in witnesses and evidence would result in duplication of evidence, inconvenience to witnesses, increased costs, and the potential for inconsistent findings by different courts if the trials are separated.
The defence raised no objection to consolidating the charges. The State had previously consulted Sibusiso Dlamini, the instructing attorney for all the accused, about consolidating the Mayville charges with the AKA and Tibz indictment, but Dlamini did not object. The application to consolidate the charges was subsequently granted by Judge Siphokazi Jikela.
The application will be heard on Tuesday morning by Judge Sipunzi. The State's opposition to separating the charges aims to ensure a single trial for all accused, avoiding potential inconsistencies and inefficiencies.
Key points
- The State argues that firearm and witness links justify keeping Mayville shooting charges in the AKA and Tibz murder trial.
- The application to separate charges was brought by first accused Lindokuhle Thabani Mkhwanazi.
- The trial involves the murder of Cape Town-born rapper Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane.
