Durban — The National Prosecuting Authority believes it has a solid case against the two Ndimande brothers who were allegedly holed up in a flat in eSwatini after being sought for the murders of rapper Kiernan “AKA” Forbes and his friend, Tebello “Tibz” Motsoane.
The South African government wants Siyabonga Gezani Ndimande and Malusi Dave Ndimande extradited for the killings. The government lodged its application documents with its counterparts on Monday.
Forbes and Motsoane were shot dead on February 10, 2023, outside the Wish restaurant on Florida Road, Durban. Five accused – Lindokuhle Thabani Mkhwanazi, 30; Lindani Ndimande, 30; Eddie Myeza, 22; Mziwethemba Harvey Gwabeni, 36; and Lindokuhle Ndimande, 29 – have completed their formal bail bids in the Durban Magistrate’s court. When the matter resumes this week, the State is expected to raise counter-arguments.
Magistrate Vincent Hlatshwayo ruled that the charge sheet from the eSwatini matter should not be included in the bail application by Gwabeni’s legal team. He also saw no relevance in having content from the extradition applications included in the bail bids made in Durban.
The application includes an affidavit from Elaine Harrison, director of public prosecutions in KwaZulu-Natal.
Harrison said she was lawfully authorised to request international mutual legal assistance and extradition, in accordance with the SADC protocol on extradition, to which the South African and eSwatini governments were signatories.
Warrants of arrest for the brothers were authorised, but their whereabouts were not known until they were traced to eSwatini.
The documents included a detailed account of how the killings occurred.
AKA arrived in Durban on the day to perform at a nightclub. He and his entourage moved to the Hilton Hotel from the airport.
They were followed by a grey BMW to the hotel. A grey VW Polo was also seen in the vicinity of the hotel.
It’s believed the Polo was used as a “spotter” vehicle and further investigation revealed that Gwabeni was in the BMW. It’s alleged that Gwabeni hired the hitmen, arranged weapons and vehicles and facilitated payment for those involved. Siyabonga and Lindokuhle were believed to be in the vicinity of the hotel as well.
Around 5.30pm AKA and his group were transported to the Wish restaurant. He later had supper at the restaurant and was joined by Motsoane.
Police investigations revealed that Lindokhule Ndimande was the alleged “spotter” inside the restaurant.
The Polo was parked outside the restaurant and a white Mercedes-Benz then parked about 100 metres away.
As AKA and Motsoane embraced outside the restaurant, AKA was shot by someone wearing a white cap. Another individual wearing dark clothing was also spotted firing at both AKA and Motsoane. Both shooters were seen running towards the Mercedes and fleeing the scene in the vehicle.
The vehicle was later abandoned and an attempt was made to burn it.
Myeza was arrested in April and found in the unlawful possession of a Norinco pistol with filed-off serial numbers. Forensic analysis linked the gun to AKA’s death.
Regarding the planning of the murder on February 10, police believe arrangements were made for Siyabonga Gezani Ndimande to collect the Mercedes and weapons at the M4 Jacobs off-ramp in the company of Lindani Ndimande. They later met with Lindokuhle Thabani Mkhwanazi and Malusi Dave Ndimande.
Bank records showed that R800 000 was deposited into Gwabeni’s bank account on February 11, 2023, which Gwabeni claimed was for business consultancy work he had done. At 6pm that evening, five of the accused were in the vicinity of Gwabeni’s home.
Police say bank transfers totalling R133 000 were made into the accounts of the other suspects from Gwabeni.
Sunday Tribune