Businessman Mziwethemba Harvey Gwabeni, 36, applied for bail in the Durban Magistrate’s Court on Tuesday. Picture: Doctor Ngcobo/Independent Newspapers
The businessman charged along with others for the murders of Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane has sought to explain a payment of over R800 000 he received.
The State alleges that the payment was for involvement in the murders.
Forbes and Motsoane were killed on Durban’s Florida Road last year.
Businessman Mziwethemba Harvey Gwabeni, 36, applied for bail in the Durban Magistrate’s Court on Tuesday. In his affidavit in support of bail, Gwabeni said the money was payment for a business deal with a reputable company.
He also said that while looking for him in February, police unlawfully entered his house and assaulted his wife.
He added that he derives income from three sources: consulting in the mining industry; construction; and mining itself.
“The allegation, as stated in the media, that I received R800 000 on the day that the deceased were killed and that I transferred R133 000 to Lindokuhle Ndimande (another accused) is just the State relying on coincidence.
“The R803 000 was paid to me from a reputable company whom I have done business with before. In fact, our business relationship goes ... three years back. Given the above, I record that the investigations shall reveal that this was not a once-off payment,” said Gwabeni.
Gwabeni added that he employed his co-accused as security guards in one of the businesses.
Gwabeni said his wife, who is a medical doctor, was assaulted by police when they went to arrest him at his residence in Cowies Hill while he was at a business meeting in Ladysmith.
“My family were awakened by a group of police officers in their respective rooms. It is unclear at this stage how they got into the property in the first place. I managed to make contact with my attorney, Sizwe Cele, and informed him that the police were at my residence and that my wife had been assaulted.”
Gwabeni said his wife had since laid a charge against the police officers.
He said once his lawyer had communicated with the police, he had handed himself over to police at the Durban Central police station.
Lindokuhle Lindo Ndimande, 29, also submitted an affidavit in support of his bail application and claimed that he was threatened by police.
He said he was also not at home when police came looking for him.
“On 27 February, while away visiting my girlfriend, I received a call from my mother at Mboyi Area in Camperdown.
She informed me that there were police at home looking for me. She thereafter handed a phone to a person who told me that he is a police officer and that I must hand myself over.”
“He further stated that in the event I fail to hand myself over, he had already shown my mother where my grave would be, next to the cattle kraal, as he and other police were even prepared to shoot me,” said Ndimande. He said he contacted his former attorney and handed himself over to police.
Both accused said they intended to plead not guilty.
The bail hearing continues next week.
The Mercury
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