The five men accused of killing South African rapper Kiernan ‘AKA’ Forbes and his friend Chef Tebello ‘Tibz’ Motsoane are expected to appear in the Durban High Court in May.
Forbes and Motsoane were shot dead on February 10, 2023, in Durban outside Wish restaurant on Florida Road.
Five men have been charged with their murders. They are Lindokuhle Thabani Mkhwanazi, 31, from Mtwubatuba in the Madwaleni area, Lindani Zenzele Ndimande, 36, from Protea Glen in Soweto, Siyanda Eddie Myeza, 22, from uMlazi, Mziwethemba Harvey Gwabeni, 37, from Cowies Hills in Pinetown, and Lindokuhle Mhlaliseni Ndimande, 30, from Camperdown in the Emboyi area.
The Deputy Director of Public Prosecutions in KwaZulu-Natal, advocate Lawrence Gcaba, served the accused with their indictment and asked the Durban Magistrate’s Court on Friday morning to transfer the matter to the Durban High Court.
“We request for this matter to be transferred to the Durban High Court for their (accused) first appearance on May 8,” he said.
Magistrate Vincent Hlatshwayo agreed to this and thanked the legal counsel for their cooperation in the matter as it was not easy.
The accused men are charged with two counts of murder, five counts of attempted murder, conspiracy to commit murder, two counts of unlawful possession of a firearm, and unlawful possession of ammunition.
The State alleges that on the same day that Forbes was gunned down, the accused are alleged to have attempted to kill Siyabonga Makhosative Mdluli, Thotloetso Kutlwano Mogotsi, Tshediso Mokoko, and Kerwyn Clive Patrick Jackson.
It said that during January and February 2023 at or near Durban and other places that are presently unknown to it, the accused and others referred to as conspirators conspired to kill Forbes.
“The conspirators became aware that Forbes would be visiting Wish on the fateful day and they decided to put their plan into operation. To this end, the conspirators used persons to monitor the movements of Forbes from the time of his arrival at King Shaka Airport,” said the State.
Moreover, the friends dined at Wish unaware that their movements were being monitored. When they left with Forbes’ entourage at Wish, this information was being conveyed to those waiting outside to execute the plan to kill Forbes.
Mkhwanazi, who is accused one, and another person, approached Forbes as he exited Wish and opened fire on him.
“He was shot in the head and died instantly. Motsoane, who was near Forbes when the shooting commenced, was also shot and died a short distance from where he was shot,” explained the State.
Moreover, it is alleged that during the commission of the offence, the accused acted for a common purpose. However, the State said at present, it is unknown who all the parties thereto were and precisely when or in what manner the common purpose was formed.
“But it is alleged that it was in existence at least immediately prior to and for the duration of the commission of the offence,” the State added.