By Lehlohonolo Lehana.
The Ndimande brothers, accused in the murder of rapper Kiernan “AKA” Forbes and celebrity chef Tebello “Tibz” Motsoane will now make a formal application for bail.
Forbes, an award-winning hip-hop artist, was killed outside a restaurant in the coastal city of Durban in 2023 along with his close friend, Motsoane.
At the time of his murder, Forbes had been in Durban to perform during his birthday celebrations.
SA Police Services (SAPS) described the attack on the two men as a coordinated hit. While it is believed that Forbes was the only target and Motsoane was an unintended victim, the motive remains unclear.
Siyabonga and Malusi Ndimande were brought back to the country after the failure of a lengthy legal attempt to block their return.
They are expected to stand trial alongside Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Gwabeni and Lindokuhle Lindo Ndimande.
They all face charges of murder and unlawful possession of a firearm, among others.
The two brothers appeared at the Durban Magistrate’s Court on Wednesday.
During the proceedings the brothers’ attorney, Sibusiso Dlamini, told the court that his clients would no longer pursue the transfer request. Instead, they will apply for bail.
Dlamini initially approached the court requesting that his clients be transferred to Westville Prison, arguing that consultations at Ebongweni Super Maximum Correctional Facility were too restrictive and closely monitored, making it difficult for the defence team to properly prepare.
Senior State prosecutor Advocate Elvis Gcweka raised questions about the change in approach.
He told the court the State had no role in deciding where Correctional Services detains accused individuals, explaining that the National Prosecuting Authority does not control prison placements.
Gcweka also noted that the defence had earlier argued the prison conditions made consultations difficult. The sudden decision to abandon the transfer request and instead proceed with a bail application raised practical questions about how preparations would now take place.
Magistrate Irfaan Khalil said that while the court can make a recommendation, the final decision rests with the Department of Correctional Services (DCS).
After discussions between the defence and prosecution, Magistrate Khalil agreed that the brothers’ bail application will be heard on 10 April. Trial dates have already been scheduled in the Durban High Court for July.