The trial of the seven men accused of murdering rapper Kiernan "AKA" Forbes and his friend Tebello "Tibz" Motsoane has been adjourned to Monday. The men, including Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, and brothers Malusi Dave and Siyabonga Gezani Ndimande, face 11 charges, including the murders of Forbes and Motsoane. The adjournment was made after some witnesses scheduled to testify became uncomfortable about giving evidence in open court.
Senior State Advocate Elvis Gcweka told the Durban High Court on Thursday that two of the remaining witnesses for the day were uncomfortable testifying in an open courtroom. He therefore asked for the matter to be adjourned until Monday. Gcweka explained that arrangements were being made for the witnesses to testify from intermediary rooms, and that the court would accommodate these arrangements in the coming weeks.
The adjournment came after the State, led by Deputy Director of Public Prosecutions Advocate Lawrence Gcaba, had called three witnesses relating to firearms allegedly linked to the murders. The witnesses included a Tactical Response Team officer who testified about the seizure of a firearm from Siyanda Eddie Myeza, who is alleged to have supplied the firearms used in the killings.
Myeza has disputed police evidence that one of the firearms was found at his waist when he was arrested in Umlazi on April 21, 2023. Through his advocate, Simphiwe Mlotshwa, Myeza claimed he was limping, using crutches and wearing a cast that extended up to his groin when he was arrested. Mlotshwa put it to the Tactical Response Team officer that it would therefore have been impossible for Myeza to have had a firearm positioned at the front of his waist.
The TRT officer, however, maintained that the firearm was found at the front of Myeza's waist. Another police officer involved in the investigation into the murders of Forbes and Motsoane told the court that, after the TRT seized the firearm from Myeza, he was instructed to collect it from Bhekithemba police station. The officer testified that crime intelligence information revealed that the gun was linked to the AKA matter.
During cross-examination, Advocate Musa Mzelemu, representing Mhlaliseni Mkhwanazi, questioned the officer about a statement in which he had recorded that he collected only one firearm from the police station. The officer explained that each firearm had its own docket and the statement before court was in relation to this matter only. The court heard that a second firearm had been seized from another man who was with Myeza when the TRT arrested him.
The trial will resume on Monday morning with other witnesses lined up to testify in open court. The parents of the victims, including Sylvester Motsoane and Lynn Forbes, were present in court earlier this week. The seven accused will face the court again on Monday to determine the next course of action in the trial.
Key points
- The trial of the seven men accused of murdering rapper Kiernan "AKA" Forbes and Tebello "Tibz" Motsoane has been adjourned to Monday due to witness concerns.
- The witnesses were uncomfortable testifying in an open courtroom, and arrangements are being made for them to testify from intermediary rooms.
- The trial will resume on Monday morning with other witnesses lined up to testify in open court.
