The state prosecutor said the extradition of the two other accused who were in eSwatini was yet to be finalised

KwaZulu-Natal police commissioner, Lieutenant-General Nhlanhla Mkhwanazi and Kiernan Forbes’ father Tony Forbes. photo: Khethukuthula Xulu

Five men appeared in the Durban Magistrate’s Court on Thursday for the murder of rapper AKA and his friend Tebello “Tibz” Motsoane in Durban last year.

AKA, whose real name is Kiernan Forbes, and Motsoane were killed outside the Wish restaurant in Florida Road, Durban on February 10, 2023.

The men, Lindokuhle Thabani Mkhwanazi (30), Lindani Zenzele Ndimande (35), Siyanda Eddie Myeza (21), Mziwethemba Harvey Gwabeni (36) and Lindokuhle Lindo Ndimande (29), appeared on charges of conspiracy to commit murder, murder (Forbes), murder (Motsoane), unlawful possession of a firearm, unlawful possession of ammunition, and five counts of attempted murder.

Police Minister Bheki Cele and KwaZulu-Natal police commissioner, Lieutenant-General Nhlanhla Mkhwanazi were present in court alongside Tony Forbes, AKA’s father; and Motsoane’s family members. The matter was provisionally adjourned to March 6 for bail verification.

National Prosecution Authority spokesperson Natasha Ramkisson-Kara said the men will remain in custody in the interim.

In court, the prosecution requested for accused Mkhwanazi, Gwabeni and Ndimande to be remanded to the Chatsworth Police station and Lindani Zenzele Ndimande and Myeza to the Westville Prison.

State prosecutor Lawrence Gcaba, in his request for an adjournment, said the state still had to finalise data that had been obtained and information that transpired after the arrests were made. Gcaba said the extradition of the two other accused who were in eSwatini was yet to be finalised.

The process has started. It may take a maximum of 30 days to finalise if there are no objections and up to two months if there are. We are not in a position to say how long it will take

Gcaba said the state intended to oppose bail. The magistrate said after the bail application on March 6, the matter will continue on March 14, 18 and 19.

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“I anticipate that those three days will not be enough to conclude so the matter will sit again on March 27. These dates are according to the availability of the legal teams and the prosecution.”

AKA’s father Tony Forbes expressed his gratitude to the police, but said he was not convinced that the police had arrested the person who ordered the hit. “This is my first sight of them, and to think that ordinary-looking people like them could have committed such a horrible crime for money is a reflection of our society,” he said.

He was disappointed to see them walk in with masks covering their faces. “I came here to see the faces of my son’s killers and one of the shooters has a full mask on and a hoodie. I believe that we should be able to see who they are,” said Forbes.

He said this was a difficult period not only for the Forbes’ family but for everyone involved, including the Motsoane family. He said the arrests and beginning of court proceedings was the start of a journey of them knowing the truth.

The magistrate, later during the court proceedings, ordered the accused to show their faces. Cele said his wish was for the law to continue to take its course.

“Sometimes we look arrogant and indecisive as if we don’t know what we are doing — we find that if we break or succumb to the pressure to report on progress we end up with bigger problems that lead to cases being withdrawn.

Of late, there have been serious takedowns by the police, which are an indication that police are doing their job

Cele said this was not the only case he has given this much attention to, claiming that he always goes to court and is on the ground when such big cases break.

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