By Lehlohonolo Lehana.
Durban Magistrate’s Court has denied bail to five men accused of killing South African rapper Kiernan ‘AKA’ Forbes and his friend Tebello ‘Tibz’ Motsoane.
The five men; Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande (35), Siyanda Eddie Myeza (21), Mziwethemba Harvey Gwabeni (36) and Lindokuhle “Lindo” Ndimande (29), were arrested in February this year.
They face charges of conspiracy to commit murder, two counts of murder, unlawful possession of a firearm, unlawful possession of ammunition, and five counts of attempted murder.
While Mkhwanazi, Ndimande, Myeza and Gwabeni have additional charges of money laundering (acquisition, possession or use of proceeds of unlawful activities).
Their bail application hearings started in March and were concluded two weeks ago.
AKA and Tibz were killed in Durban on February 10 last year outside a popular restaurant, Wish.
Delivering his judgment, Magistrate Vincent Hlatshwayo said the court believes the accused has a case to answer.
“It is the finding of this court that it will be reckless and irresponsible to allow the applicants on bail. It is, therefore, the finding and order by the court that in the circumstances, bail is refused for all five accused.”
Hlatshwayo postponed the case to August for the finalisation of investigations.
“The matter against you is postponed for finalising outstanding investigations to the 8th of August. This is the date agreed upon among your respective representatives and the state. You will be kept in custody until then.”
The two other suspects, brothers, Siyabonga and Malusi Ndimande who were arrested in eSwatini are yet to be extradited to South Africa as their case was postponed on Tuesday in the Manzini Magistrate’s Court.
The hearing was postponed to 14 June, allowing the state and defence to present arguments regarding the application.
The application, brought by South Africa, aims to extradite the two brothers to South Africa to face charges alongside their five co-accused.
The defence is expected to file heads of argument on 27 May, while the state is expected to re-file theirs on 28 May.
The defence of the two suspects is opposing the extradition application to bring the Ndimande brothers back to South Africa.