The trial of seven men accused of killing South African rapper Kiernan "AKA" Forbes and his celebrity chef friend Tebello "Tibz" Motsoane started in the Durban high court on Monday. The seven face 11 charges, including conspiracy to commit murder, two counts of murder, five counts of attempted murder, and illegal possession of guns and ammunition. The accused, who pleaded not guilty to the charges, are Lindokuhle Thabani Mkhwanazi, Siyanda Eddie Myeza, Lindani Zenzele Ndimande, Mziwethemba Harvey Gwabeni, Lindokuhle Mhlaliseni Ndimande, Malusi Dave, and Siyabonga Gezani Ndimande.
The case involves a smoking gun found on Siyanda Eddie Myeza when he was arrested for unlawful firearm possession, which is linked to the killing of AKA and Tibz. Myeza also faces six additional counts related to a separate May 2022 shooting, including murder, attempted murder, and theft of a car. The state opposes an application by accused one, Lindokuhle Thabani Mkhwanazi, to split Myeza's separate charges into its own trial. Mkhwanazi argued that keeping the charges together would prolong the trial and result in a miscarriage of justice.
The trial has been marked by delays, with the court proceedings experiencing a rough start on the first day. Judge Nomfundo Sipunzi issued a strict directive ruling that witness testimony may not be broadcast, and media representatives are restricted from publishing or broadcasting the evidence of witnesses while they testify. The directive aims to protect the accused's right to a fair trial and the interests of witnesses. The court also ordered that photographs of the courtroom may only be taken before the commencement of daily proceedings and after the court has adjourned.
AKA's mother, Lynn Forbes, and Tibz's father, Sylvester Motsoane, were present in court, with Forbes expressing a sense of guilt over the death of Tibz, who was not the intended target. She stated that she didn't want to be in court, as it was "absolute torture," but felt it was necessary to show respect for the process and acknowledge the investigating team and prosecution. Forbes also mentioned that her daughter, Kairo, is aware of the trial but tries not to discuss it due to its upsetting nature.
The state has argued that there is an overlap of evidence related to the gun found on Myeza and the May 2022 shooting, and that consolidating the charges would be more convenient for witnesses and provide a clearer picture of the events. However, the defence has countered that keeping the charges together would be unfair and unreasonable. The court will continue to hear the application and the trial.
The trial is expected to be a lengthy and complex one, with the accused's lawyer, Sibusiso Dlamini, previously consulted about consolidating the Mayville charges with the AKA and Tibz indictment. The state has previously served an amended indictment, and all parties confirmed they were trial-ready. The case has been ongoing for over three years, with Forbes stating that she is not seeking closure but wants to ensure justice is served.
The trial will continue on Tuesday, with the state presenting its case against the seven accused. AKA's father, Tony, expressed his readiness for the trial, stating that he is bracing himself for sensitive evidence and witness testimony. The case is expected to draw significant attention, with many following the developments in the high-profile murder trial.
Key points
- The trial of seven men accused of murdering AKA and Tibz has begun in the Durban high court.
- The accused face 11 charges, including conspiracy to commit murder, two counts of murder, and illegal possession of guns and ammunition.
- The trial has been marked by delays and a strict directive from the judge to protect the accused's right to a fair trial and the interests of witnesses.
