Muziwethemba Gwabeni, 36, and Lindokuhle Ndimande, 29, who are considered the key accused in the 2023 assassination of rapper AKA, have applied to be granted a break from jail. They are arguing that new facts in their matter have emerged.
AKA, whose real name was Kiernan Forbes, was stalked and shot dead while outside the now defunct Wish Restaurant in Durban’s Florida Road, once dubbed the heart of Durban nightlife.
The precinct is located in the suburb of Morningside. He was killed while in the company of his friend and celebrity chef Tebello “Tibz” Motsoane. Motsoane was also killed during the attack, but the intended target was AKA.
Application to be heard on Thursday
“The two accused have, through their lawyer, filed a notice of motion for bail. And the application will be heard on Thursday,” spokesperson for the National Prosecuting Authority (NPA) Natasha-Rakims said on Wednesday.
The two were arrested in February last year. They were arrested together with Siyanda Edddie Myeza, 21, Lindani Zenzele Ndimande, 35, and Lindokuhle Mkhwanazi, 30. Their previous bail application was denied in May by magistrate Vincent Hlatshwayo.
The accused face among other charges, conspiracy to commit murder, unlawful possession of firearm, unlawful possession of ammunition, five counts of attempted murder and money laundering.
It had been revealed in court that a sum of R800, 000 was paid for the hit. This was revealed during the initial bail application which was turned down by the court last year.
R800, 000 allegedly distributed among the assassins
According to the bank records, the money was deposited into Gwabeni’s bank account. This occurred hours after they had apparently assassinated the rapper. The evidence also claimed one Mfundo Gcaba, a sibling of the feared Gcaba family, had sent money to Gwabeni. Gwabeni then paid the other accused their share of the money each. However, Gcaba’s family has shot down allegations of his involvement in the murders. They are claiming that the payment was for legitimate business dealings.
Gwabeni, according to the state, is the mastermind in the assassination. It is alleged he hired all the vehicles, firearms and other necessities used in the hit. This includes assembling the team to carry out the assassination.
Extradition from eSwatini stalled the case
The case has been delayed on numerous occasions. This was mainly because of a delay in the extradition process of two other accused, Malusi and Siyabonga Ndimande. They are currently detained at eSwatini court, and are fighting their extradition. The brothers claim that an extradition would put their lives in danger.
Defence attorney, advocate Sibusiso Dlamini, has lamented the extradition process. He said it was prejudicial to the five accused, saying the delays were unfair.
“It’s clear that the extradition matter is far from over. It’s unfair for the accused before court to be impacted by what is happening in eSwatini. Their case should proceed and not rely on what is happening in another country,” Dlamini explained.
