Releasing Muziwethemba Gwabeni,36, and Lindokuhle Ndimande,29, considered the key accused in the February 2023 assassination of rapper Kiernan Forbes, better known by his stage name AKA, will endanger the lives of key witnesses in the matter.
The submission was at the heart of the state defence against the duo, who on Thursday approached the Durban Magistrate’s Court requesting for bail. They had argued that new facts in their matter had emerged.
Witnesses may be eliminated
“It will be grossly irresponsible for the two accused to be released on bail. This will put the lives of the witnesses in danger. There’s a high potential that if the accused are released, the witnesses may be eliminated,” argued senior state prosecutor Elvis Gcweka.
He also submitted to presiding magistrate Vincent Hlatshwayo that the accused were recycling the same set of facts their legal representatives had made during the first bail application, which was rejected by the court.
“There are no new facts here except recycled information which has already been presented in court,” he said.
Gwabeni and Ndimande appeared calm during the court proceedings. In between proceedings would chuckle as the state was arguing against their release.
Suspect wants to support his wives and children
Earlier, their lawyer, advocate Simphiwe Mlotshwa, had told the court that Gwabeni had suffered untold financial difficulties since his arrest in February last year. He said his children and two wives had failed to cope mentally. One of his wives has had to attend therapy to deal with the trauma.
“Since being arrested he has not been able to make money from his mining and manufacturing businesses. His family has suffered financial losses. And he also owes substantial amounts in outstanding school fees for his children,” Mlotshwa pleaded.
However, the state was not repentant, saying there was overwhelming evidence, especially against Gwabeni. The state also said it had solicited footage from the King Shaka International Airport. This has bolstered their case against Gwabeni and others.
The footage depicts Gwabeni following AKA as he arrives from the airport on foot. As he (AKA) meets his entourage, who had been waiting for him at the airport, Gwabeni was slowly following them. When they left the airport in a vehicle, Gwabeni followed them with a BMW registered in his name. He followed them all the way to the Hilton hotel in uMhlanga. This was the hotel where the muso and his entourage were booked.
Stalked, shot dead with his friend
AKA was shot dead while standing with friends outside the now defunct Wish Restaurant in Durban’s Florida Road. The area was once dubbed the heart of Durban night life. It is located in the suburb of Morningside.
He was killed while in the company of his friend and celebrity chef Tebello “Tibz” Motsoane. The latter was also gunned down in the crossfire. According to state evidence before court, Motsoane in the wrong place at the wrong time. The intended target was AKA.
The two were arrested in February 2024. They were arrested together with Siyanda Edddie Myeza, 21, Lindani Zenzele Ndimande, 35, and Lindokuhle Mkhwanazi, 30. Their previous bail application was later denied in May.
The accused face charges including 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 during the initial bail application that a sum of R800, 000 was paid for the hit.
Mastermind in the planned hit
Gwabeni, according to the state, is the mastermind in the assassination. It is alleged he hired all the vehicles, firearms and other necessities used for the hit. This includes assembling the team to carry out the assassination.
The case has been delayed on numerous occasions. This is mainly because of a delay in the extradition process of two other accused Malusi and Siyabonga Ndimande. They are currently detained at Eswatini court. The brothers are fighting their extradition, saying it would put their lives in danger.
