The Durban magistrate’s court has denied bail to the five suspects accused of planning and carrying out a hit on award-winning rapper AKA.
Lindokuhle Mkhwanazi, Lindani Ndimande, Muziwethemba Harvey Gwabeni, Siyanda Eddie Myeza, and Lindokuhle Ndimande face a string of charges, including murder, conspiracy to commit murder, and unlawful possession of firearms, among others.
The accused had pinned their hopes on presiding officer Vincent Hlatshwayo to grant them temporary relief from jail.
This was after their attorneys had concluded their bail applications, all underpinned by the argument that they were victims of mistaken identity and had nothing to do with the assassination plot.
The state alleged that the five men, together with the other two accused currently incarcerated in the Kingdom of Eswatini, had formed a gang whose modus operandi was to commit assassinations.
Hlatshwayo, however, had other ideas, saying the state had presented a compelling case when arguing against the bail applications.
Evidence puts accused at the crime scene
“It will be reckless to allow the applicants to be released. It is the finding of this court that bail is denied,” said Hlatshwayo.
Hlatshwayo, in a long ruling, stated that even though the accused had a chance to refute the state’s version, they remained steadfast in their desire to undermine warrant officer Kumarasan Pillay.
The accused had maintained that Pillay had a vendetta against them, saying the charges were trumped up. However, Hlatshwayo would have none of that.
“Looking at the evidence that was presented before me, it puts all the accused, except accused number three, on the crime scene,” he said.
“They were also placed together in the house of accused number four [Gwabeni] on Nottingham Road on the 11th of February, when the money was paid.”
State believes Gwabeni was the mastermind
Hlatshwayo was also not lenient with accused number three, the 22-year-old Myeza.
“Accused number three played a pivotal role in the commission of the murder. He has a propensity for committing murders.”
According to the state, Gwabeni is the alleged mastermind who put the hit squad together, hired the firearms, and paid for the hit.
He was also placed at the airport, where he waited for AKA and his entourage to arrive. They were then tailored all the way to the Hilton Hotel, where they were booked.
From the hotel, Gwabeni and other spotters are alleged to have followed AKA all the way to Florida Road in Durban, where he was assassinated outside the Wish restaurant.
According to the state, his longtime friend and celebrity chef, Tebello “Tibz” Motsoane, was in the wrong place at the wrong time when he was also killed. AKA was the intended target.
Money deposited into Gwabeni’s account
It also emerged that the R800 000 allegedly paid for the hit was deposited into Gwabeni’s account by Mfundo Gcaba, a businessman and member of the notorious family running a taxi business empire and other enterprises across the country.
The family also wields massive political influence and is related to former president Jacob Zuma. Gcaba has denied his involvement in the murder of AKA.
Inside court on Wednesday, some family members of the accused sighed in disappointment when bail was denied.
Natasha Ramkisson-Kara, the spokesperson for the National Prosecuting Authority, told Sunday World that the state had presented a strong case.
“We are pleased with the findings of the court,” she said.
AKA’s father, Tony Forbes and his bodyguards, were not in court as per usual. The matter returns to court on August 8 for a provisional trial date.
