Mziwethemba Gwabeni and Lindokuhle Ndimande accused of killing rapper Kiernan “AKA” Forbes and his friend, chef Tebello “Tibz” Motsoane, are seeking bail for the second time at Durban Magistrate’s Court on Thursday. Picture: Nomonde Zondi
The two men of seven accused of killing Kiernan “AKA” Forbes and his friend, chef Tebello “Tibz” Motsoane, have told the Durban Magistrate’s Court that their circumstances have changed and therefore are seeking bail based on new facts.
The accused were refused bail last year by this court and their appeal was also dismissed by the Durban High Court. They are applying for bail again.
Accused four Mziwethemba Gwabeni, the first respondent, through his counsel, advocate Simphiwe Mlotshwa, claimed that St. Benedict School had given his family a letter of breach of contract since R100 000 had not been paid by December 10, 2024, as a result of his incarceration. There is another Grace Place school charge that is past due.
He said his other minor child is attending counselling, together with his junior wife.
“It is on record in the initial bail application that one of my wives is unemployed and the other is a specialist medical practitioner,” he said.
Gwabeni said he supports his family financially, but they are not coping because he is also not there personally to run his construction and mining business.
“My detention is a form of anticipatory punishment as the state does not have strong evidence to sustain the charges against me,” he said.
Accused five and a second respondent in this matter, Lindokuhle Ndimande, said the only taxi was involved in an accident and has not been repaired due to his detention. The logbook was previously submitted.
Ndimande said his family has suffered extreme financial prejudice as he has been unable to conduct his employment duties and generate income to sustain his household. He also indicated that he cares for his late father’s wives.
“My release on bail will enable me to raise money to pay for the services of my legal representatives and consult adequately in preparation for the trial,” he said.
Replying to the bail application, the investigating officer in this matter, Warrant Officer Kumaran Pillay, said Gwabeni and Ndimande have recycled facts.
Pillay said new facts must be sufficiently different from the facts presented at the earlier unsuccessful bail application and must not constitute a reshuffling of old evidence of facts.
He said Gwabeni gave an undertaking to the school that he would be able to pay despite being incarcerated. “The applicant (Gwabeni) requested an extension and gave an undertaking to have fees settled by the end of January 2025.”
He said the letterhead on the counselling letter of the child indicates that the child was scared of his/her mother dying.
The child had gone through counselling and is now fine and copying. “What is the connection between the refusal of bail and the emotional concerns of the child?” he asked.
He said Gwabeni’s wife was already attending counselling during the initial bail application.
Moreover, Pillay said Ndimande initially indicated that he is a shareholder on a poultry farm and earns R70 000 per month and he gets R20 000 from his taxi.
“As a new fact, he has raised the issue of a damaged taxi, which he indicated is generating R20 000. This amount is far less compared to his earnings from the Poultry farm,” said Pillay.
He said Ndimande’s brother is also giving financial support to his mothers. He said in his initial bail application, Ndimande did not indicate that he was taking care of his father’s wives.
The bail application continues.
nomonde.zondi@inl.co.za
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