Two men connected to the murder of award-winning rapper AKA have had their bail applications denied by the Durban magistrate’s court.
The renowned musician, whose real name was Kiernan Forbes, was hit on February 10, 2023, and Muziwethemba Harvey Gwabeni, 36, is regarded as the main mastermind.
AKA was killed alongside Tebello “Tibz” Motsoane, his friend and famous chef.
Gwabeni is accused of assembling a strong contingent of assassins believed to be feared warlords in the taxi industry.
According to the state, Gwabeni rented every piece of equipment required for the assassination. These included vehicles and high-calibre firearms.
In an attempt to get a taste of freedom, Gwabeni and Lindokuhle Ndimande made a brief court appearance on Wednesday.
Judgment dashes hopes for freedom
However, Vincent Hlatshwayo, the presiding magistrate, crushed the two’s hopes and destroyed their chances of seeing their relatives.
Hlatshwayo insisted that their legal representative had made flimsy grounds in their bail submissions.
Through their attorney, Simphiwe Mlotshwa, the two accused filed a new bail application last week, requesting their release.
They contended that they should be released on bail because new evidence had surfaced.
Handing down the judgment, Hlatshwayo explained that the accused had recycled old facts. According to the magistrate, the pair presented similar facts during their first bail application.
The application had been made last May by Gwabeni, Ndimande, and the other three accused: Siyanda Edddie Myeza (21) Lindani Zenzele Ndimande (35), and 30-year-old Lindokuhle Mkhwanazi.
“The concerns raised by the investigating officer, warrant officer Pillay, on the safety of witnesses are serious,” said Hlatshwayo.
“The court cannot ignore them. There is no evidence presented before me that the accused will not interfere with the witnesses. This remains a possibility.”
Additionally, he flatly turned down Gwabeni’s claim that he needed bail in order to care for his family.
According to Hlatshwayo, Gwabeni’s first wife is a doctor, so the family’s financial needs are met.
Shot at close range outside Wish Restaurant
“The court also has a duty and an obligation to consider the interests of the children. It is the court’s view that by denying bail for applicant one [Gwabeni], the rights of his children will not be denied.
“One of his wives is a medical doctor who is proper and sound to look after the interests of the children.”
During his bail application, Ndimande also bemoaned the fact that his incarceration had left his family penniless.
However, the court clarified that the arguments were not persuasive and that Ndimande’s attempt was a last-ditch effort to be released on bail.
AKA was shot dead at close range while at the now-defunct Wish Restaurant. The eatery was located on Durban’s Florida Road, a precinct known for its vibrant nightlife.
Security was increased inside the court, and Ndimande and Gwabeni seemed at ease.
Family members sat down quietly behind them and tried to avoid any potential media attention. Gwabeni’s two wives were the most notable.
AKA’s father, Tony Forbes, who attended the court case frequently, was last seen in attendance in 2024.
Ndimande siblings yet to be extradited
Meanwhile, siblings Siyabonga Gezani Ndimande and Malusi Dave Ndimande are yet to be extradited from Eswatini. They are also linked to AKA’s assassination.
Their matter will now be heard by the Supreme Court of Appeal of the landlocked kingdom.
This follows the failure of the South African government’s attempt to extradite the two brothers to join the other five accused.
Leading prosecutor Lawrence Gcaba has given an assurance that the case does not hinge on the accused in Eswatini, saying the state was ready to proceed with the trial.
When the case returns to court on February 7, the accused will receive the indictment, and the case will then be sent to the High Court for a trial.
