AKA and Tibz murder trial gets under way amid defence shake-up

AKA

Durban – The long-awaited trial into the murders of rapper Kiernan “AKA” Forbes and his friend Tebello “Tibz” Motsoane has finally got under way at the Durban High Court. 

AKA’s father, Tony Forbes, and Tibz’s father, Sylvester Motsoane, were among those who arrived at court on Monday as seven accused appeared for the start of the trial. 

The pair were shot dead outside a restaurant on Durban’s Florida Road in February 2023. 

eNCA reported that the seven accused face charges including two counts of murder, conspiracy to commit murder, attempted murder and firearms and ammunition-related offences. 

The start of the trial follows several delays and comes after significant changes to the defence teams. 

Advocate Jimmy Howse SC, who represented fourth accused Mziwethemba Gwabeni, has been replaced by Advocate William Nicholson SC, who also serves as an acting judge. 

Advocate Muzi Mzelemu, who represented Lindokuhle Thabani Mkhwanazi, will now also represent Lindani Zenzele Ndimande, who was previously represented by Advocate Paul Jorgensen. 

Former Acting Director of Public Prosecutions Simphiwe Mlotshwa, who represented Mkhwanazi alone, will also represent Siyanda Eddie Myeza. 

According to IOL the reasons for Howse and Jorgensen’s withdrawal were not given in court. The changes were placed on record during a hearing last week. 

The defence changes are not the only legal issue facing the court. 

Mkhwanazi has applied for his trial to be separated from that of Myeza, who faces additional charges linked to a separate alleged incident. 

The State has indicated that it will oppose the application. 

KwaZulu-Natal Deputy Director of Public Prosecutions Lawrence Gcaba told the court that the State had received the application shortly before the previous proceedings. 

“We received some love letters from the instructing attorney, about a separation of trial. I’m still confused by it.” 

Mkhwanazi argues that he has been in custody without bail for almost two years and seven months and should not have to remain in court while evidence is led on Myeza’s additional charges. 

He also raised concerns about the length and cost of the proceedings. 

The Witness reported that the trial is expected to run until 6 November, with the seven accused facing a range of charges linked to the killings. 

The court is also expected to deal with admissions between the State and defence, including matters that do not need to be proved through evidence. 

State prosecutor Gcaba said these could include the postmortem reports and causes of death. 

Some witnesses are expected to testify virtually from another province, while one witness has requested to testify in camera. 

According to EWNthat the families of AKA and Tibz are hoping the long-awaited trial will finally bring justice more than three years after the killings. 

Tony Forbes said he was anxious about what he would hear during the proceedings but regarded the trial as an important part of the process. 

“I am a bit anxious about what I will hear and see, but it is an important event for me to go through as part of closure,” he told eNCA. 

The seven accused remain in custody and have not been convicted of the charges against them.

Picture:  X/ @akaworldwide

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Compiled by Glaan Sibuyi

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