The first suspect in the murder of well-known rapper Kiernan “AKA” Forbes, Lindokuhle Mkhwanazi, has asked the court not to give in to undue pressure from the public and media but rather apply the law fairly.
Mkhwanazi, 30, made this statement through his attorney, advocate Simphiwe Mlotshwa, during the Thursday morning bail hearing at the Durban magistrate’s court.
The case was postponed last week so that the attorneys representing the five defendants could draft affidavits in support of bail requests.
Mkhwanazi also explained that he has no previous convictions.
Jacob Zuma’s rape trial
“Although I understand that this matter has generated media and public interest, I plead that the court does not bow to the pressure of public opinion,” said Mkhwanazi’s lawyer, Mlotshwa.
He brought up the former President Jacob Zuma’s rape trial, even though the public, the media, and women’s rights organisations all found him guilty.
In defiance of pressure, the judge upheld the law, considered the available evidence, and cleared Zuma of any rape-related charges.
Mlotshwa said his client wanted to be released on bail so that he could take care of his pregnant wife, whom he said is a teacher.
As part of his personal circumstances, Mkhwanazi said he is a family man with strong ties in his ancestral village of eMadwaleni under uMtubatuba, northern KwaZulu-Natal.
He also stated that he is a taxi boss, saying the taxi business is only financed through a bank. He also pointed out that, although he had a valid passport, it had been submitted to the investigation team.
The state’s case is weak
“I deny involvement in the murder of AKA. I give this court full confidence that when the matter goes to court, I will not be found guilty,” pleaded Mkhwanazi through his lawyer.
“It is also my desire to supervise my wife until she gives birth and be there for her emotionally.
“Despite the long list of charges, my legal team has informed me that the state’s case is weak.”
Mkhwanazi’s lawyers also revealed that the police initially told him that he was deceased before he had been arrested and charged for a separate murder incident.
He also alleged that the severe assault meted out to him by the police was clear evidence that they intended to trump up charges against his client.
Mkhwanazi also said that, as a man of moral standing in society, he would never inflict any harm on someone, even a popular figure in society.
Mkwanazi faces, among other charges, two counts of murder, conspiracy to commit murder, unlawful possession of a firearm, and money-laundering.
He appeared together with four co-accused – Mziwethemba Gwabeni, 36, Lindokuhle Ndimande, 29; Lindani Ndimande, 35; and 22-year-old Siyanda Myeza.
Only the lawyers for Mkhwanazi and Myeza made their bail applications, while others asked for a postponement in order to amend their affidavits.
Assassins allegedly paid R800k
Police Minister Bheki Cele was not present in court, but AKA’s father, Tony Forbes, was there with his bodyguards. They sat in opposite directions with the families of the accused.
Siyabonga and Malusi Ndimande, the two remaining accused, who are in custody in the Kingdom of Eswatini, are awaiting extradition so they can join the five accused.
The state alleges that one of the Ndimande brothers fired a volley of shots at close range, which killed AKA.
The siblings were found with cellphones when they were arrested, which were allegedly used in the commission of the crime.
The seven accused are alleged to have been paid R800 000 to commit the murder. About R135 000 was apparently shared among the Ndimande siblings.
It is not clear who ordered the hit on the rapper or the motive for his cold-blooded assassination.
However, police have confirmed that the intended target was indeed the award-winning rapper.
The matter returns to court on March 18 for further bail proceedings.
