Durban Court Prepares for High-Profile Prosecution
The South African criminal justice system is set to take a major step forward in the case of rapper Kiernan “AKA” Forbes and his friend, Tebello “Tibz” Motsoane, who were murdered in Durban on February 10, 2023. Authorities are expected to serve an indictment to five of the seven accused individuals, bringing the case closer to trial.
Suspects Remain in Custody
The accused—Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Harvey Gwabeni, and Lindokuhle Lindo Ndimande—have been in custody since their arrests. Two additional suspects, Siyabonga Gezani Ndimande and Malusi Dave Ndimande, are still fighting extradition from Eswatini.
Delays in the Criminal Justice Process
 Speaking to SABC News, legal expert Abigail Ngobeni stated,
“The wheels of the criminal justice system are turning very slow.”
Since authorities denied their initial bail applications in May 2023, the case has faced delays in reaching the High Court, contributing to public frustration and legal scrutiny.
Key Evidence and Prosecution’s Case
According to Ngobeni, the state claims to have a “watertight case” against the accused, presenting surveillance footage and cell phone tower data linking the suspects to the crime.
Ngobeni highlighted how the evidence has evolved, saying,
“Initially, we could not really see his clothing, we could not tell that it was actually him, despite the cell phone towers placing him at that vicinity. But now we can see the accused number four following the deceased and making phone calls.”
These calls, reportedly exchanged between the suspects, strengthen the prosecution’s assertion of a coordinated effort in planning and executing the murder.
The Doctrine of Common Purpose
A key legal principle in the case is the doctrine of common purpose. Despite not all suspects being present at the scene, their involvement in planning and facilitating the crime holds legal weight. Ngobeni explained,
“There’s one accused—accused number three—who was not there in the vicinity, there’s nowhere where they place him. But the court said, by him supplying weapons, this particular case would not have been there had it not been for his active participation.”
Financial Transactions and Alleged Payment
Prosecutors have also pointed to financial evidence linking the accused to a payment allegedly made for the hit. Ngobeni commented,
“The four of them seem to have participated equally, as much as the proceeds, as well—the money that was paid to each one of them, coming from the R800,000 that we are aware of.”
The prosecutors expect the money trail to play a crucial role in proving the suspects’ involvement in the AKA murder.
Next Steps in the Case
The State expects to serve the indictment, moving the case to the High Court, where prosecutors will try the suspects for conspiracy to commit murder, murder, unlawful possession of firearms and ammunition, attempted murder, and money laundering.
As legal proceedings unfold, the case remains under intense public scrutiny, with many hoping for justice for AKA and Tibz.
See also:Â Police Arrest Armed Suspects in Gauteng and Mpumalanga
