Trial proceedings in the high-profile murder case of rapper Kiernan “AKA” Forbes and businessman Tebello “Tibz” Motsoane have been pushed back, with the court granting additional time for both the state and defence to address outstanding pre-trial matters.
The case, which is being heard in the KwaZulu-Natal (KZN) High Court in Durban, saw all seven accused appear together for the first time on Thursday, 11 June.
The group includes Lindokuhle Thabani Mkhwanazi (accused one), Lindani Zenzele Ndimane (accused two), Siyanda Eddie Myeza (accused three), Mziwethemba Harvey Gwabeni (accused four), Lindokuhle Mhlaliseni Mkhwanazi (accused five), Siyabonga Gezani Ndimande (accused six), and Malusi Dave Ndimande (accused seven).
The appearance follows the recent inclusion of Siyabonga and Malusi Ndimande, whose matter was transferred from the Durban Magistrate’s Court.
The brothers were extradited from eSwatini in November 2025 after a lengthy legal battle.
Consultation challenges in AKA-Tibz murder trial
While the trial was initially scheduled to run from 20 July to 21 August 2026, with an additional session set for 6 October, the defence indicated it would not be ready to proceed as planned.
State prosecutor Lawrence Gcaba informed the court that there were outstanding issues regarding document disclosure, despite the indictment having already been handed over.
“It appears that some of my colleagues are not ready for the July session. The matter, then, we request it to be adjourned to the 10th of September,” Gcaba said.
The defence suggested that a later start would be more feasible.
Advocate Simphiwe Cyril Mlotshwa told the court that his ability to prepare has been severely limited by restrictions at eBongweni Correctional Centre in Kokstad, where three of his clients – including Malusi Ndimande and Siyabonga Ndimande – are being held.
“My instructing attorneys inform me that, according to eBongweni, consultation is only allowed for 30 minutes.
“In terms of the inconvenience and the number of trips one has to make, it became apparent that it would be impossible to conduct the consultation, particularly in recognition of the fact that the docket is quite voluminous,” Mlotshwa said.
He also raised concerns about limited telephonic communication, noting that inmates are permitted only two 10-minute calls per week.
Mlotshwa requested that his clients be transferred to Westville Correctional Centre in Durban to allow for more effective consultation.
Judge unhappy with delays
Presiding Judge Thoba Poyo-Dlwati pushed back on the defence’s request, questioning why these issues were not raised earlier in the process.
Mlotshwa attributed the delay to logistical complications, including the need to consult with families located in northern KZN – which he remarked was “geographically a problem” – and the late addition of the Ndimande brothers to the case.
Other defence representatives echoed similar difficulties, with one highlighting his recent appointment to the case and another citing consultation barriers.
The judge expressed clear frustration with the delays.
“What I don’t want to happen is we adjourn today and come that date, there are stories again,” Poyo-Dlwati said.
Potential legal action
Gcaba revealed that the defence had contacted the Department of Correctional Services (DCS) regarding the detention conditions and had threatened legal action.
“The DCS said ‘you can bring the matter to court’. So as far as I know, there is a pending application insofar as the accused wants to be brought back to Durban for detention,” the prosecutor said.
The matter has now been postponed to 13 August to finalise the pre-trial conference.
The trial is now scheduled to run from 5 October to 8 November 2026.
Charges
All seven accused face a range of serious charges, including murder, conspiracy to commit murder, and offences relating to illegal firearms and ammunition.
Additionally, four of the men are also facing money laundering charges.
Five of the accused were denied bail in May 2024, while Gwabeni and Lindokuhle Mhlaliseni Mkhwanazi were denied bail for a second time in January 2025.
Siyabonga and Malusi Ndimande abandoned their bail applications.
Forbes and Motsoane were shot and killed outside the now-defunct restaurant Wish on Florida Road in Durban on 10 February 2023.
The suspects were allegedly paid R800 000 for their involvement.
The state has previously outlined how cellphone records, CCTV footage, bank records, and vehicle registrations allegedly link the accused to the killings.
