The murder case of rapper Kiernan "AKA" Forbes and his friend Tebello "Tibz" Motsoane has experienced a significant defence shake-up just days before the trial is set to begin. Two prominent advocates, Jimmy Howse SC and Muzi Mzelemu, have withdrawn from the case, with Advocate William Nicholson SC, who also serves as an acting judge, brought in as replacement counsel for Mziwethemba Gwabeni.
The reasons for Howse and Jorgensen's withdrawal were not disclosed, but the changes were recorded in court on Wednesday in the absence of the accused before Judge Nomfundo Sipunzi. The accused, Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Gwabeni, Lindokuhle Mhlaliseni Mkhwanazi, and brothers Malusi and Siyabonga Ndimande, face 11 charges, including conspiracy to commit murder.
The State and defence teams are also preparing to address an application for the separation of the trial. KwaZulu-Natal Deputy Director of Public Prosecutions Advocate Lawrence Gcaba stated that the State received papers relating to the application shortly before Wednesday's proceedings and will oppose it. The State intends to file its response by Saturday and assured the court that they will be ready to proceed with the trial on Monday.
The application for separation of the trial was brought by accused Lindokuhle Thabani Mkhwanazi, who argued that it would cause him financial prejudice and waste his time to sit through the trial while the State presents evidence relating to Siyanda Eddie Myeza's additional charges. Myeza faces six separate charges, including two counts of murder and theft charges relating to a Toyota Etios.
Judge Sipunzi directed both sides to resolve outstanding issues before the trial starts on Monday, including Section 220 admissions - facts agreed upon by the State and defence that do not need to be proved through evidence in court. These admissions will cover matters such as postmortem reports and causes of death.
The seven accused are alleged to have gunned down AKA and Tibz on Florida Road in February 2023. Some witnesses are set to testify virtually from another province, while one witness has requested to testify in camera. The trial is expected to start on Monday, with the State and defence teams working to resolve the remaining issues.
The case has seen several developments, including the transfer of the seven accused from Super Maximum to Westville prison and previous extradition requests by the Ndimande brothers. The accused collectively face 11 charges, and Myeza faces a further six charges and an alternative count arising from a separate alleged incident on May 6, 2022.
Key points
- Two prominent advocates have withdrawn from the AKA and Tibz murder case.
- The defence shake-up has led to the appointment of new counsel for some of the accused.
- The trial is set to start on Monday, with the State and defence teams working to resolve outstanding issues.
