AKA murder accused celebrate legal victory

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Opens in new windowOpens in new windowOpens in new windowOpens in new windowOpens in new windowOpens in new windowOpens in new windowOpens in new windowEnter fullscreen mode displaying this image.ExpandLindokuhle Mkhwanazi, 30, Lindani Ndimande, 35, Siyanda Myeza, 23, Mziwethemba Gwabeni, 36, and Lindokuhle Ndimande, 29, appear at the Durban high court in relation to the murder of rapper Kiernan ‘AKA’ Forbes. Picture: SANDILE NDLOVU Story audio is generated using AI

Six of the seven accused of killing South African rapper Kiernan “AKA” Forbes celebrated a victory Tuesday when judge Nomfundo Sipunzi granted an application for separation of charges in their murder trial.

Lindokuhle Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 23, Mziwethemba Harvey Gwabeni, 36, Lindokuhle Mhlaliseni Ndimande, 29, Malusi Dave, 30, and Siyabonga Gezani Ndimande, 31, are standing trial for the deaths of Forbes and his celebrity chef friend Tebello “Tibz” Motsoane, who were killed outside the now-defunct Wish restaurant on Florida Road in February 2023.

On Monday, the seven pleaded not guilty to 11 charges, including conspiracy to commit murder, two counts of murder, five counts of attempted murder, and illegal possession of guns and ammunition.

However, Myeza faces six additional counts relating to the May 2022 murder of Gift Khanyile, attempted murder of two others and the theft of a car registered at the Mayville police station.

Last week accused number one Mkhwanazi filed an application to split Myeza’s separate charges into its own trial, saying it would financially prejudice him and delay the trial unnecessarily.

Mkhwanazi drew parallels with the Senzo Meyiwa murder trial, saying there is a “mountain of potential that this case will follow suit” and that would result in “palpable prejudice that will culminate in a miscarriage of justice”.

On Tuesday, his affidavit was supported by those of his fellow five accused who aligned themselves with his statements that failure to separate Myeza’s charges would prejudice them.

Certain aspects of the (ballistic) evidence in the Mayville matter overlap with the evidence in the main matter

The state, which opposed the application, relied on an affidavit by W/O Kumarasan Pillay, who is attached to the provincial murder and robbery unit, saying there is an overlap of evidence related to a gun found on Myeza when he was arrested for unlawful possession of a firearm and ammunition on April 1 2023.

“Certain aspects of the (ballistic) evidence in the Mayville matter overlap with the evidence in the main matter. Furthermore, some witnesses who are expected to testify in the Mayville matter are also witnesses in the Berea matter,” it said.

Senior state prosecutor Lawrence Gcaba argued that the defence had applied for a separation of trial with the wrong law.

However, on Tuesday, after considering the statements from all parties, judge Nomfundo Sipunzi granted the application to split the trial and ruled that Myeza will stand trial alone on the counts relating to the murder, attempted murders and vehicle theft in May 2022.

“The substance of this application implicates the right to fair trial, which shall be afforded to the accused individually as well as the state,” ruled Sipunzi.

The judge said she would explain her ruling later.

“The reasons that underline this ruling shall be given when the full judgment of the court is delivered,” she said.

The AKA trial is set down for a month until November 6.

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