State prioritises witness protection in AKA and Tibz murder case

The State continues to protect its witnesses by keeping its cards close to its chest, refusing to give the defence names of the unknown additional witnesses and their statements in the murder cases of South African rapper Kiernan ‘AKA’ Forbes and his friend Tebello ‘Tibz’ Motsoane. 

The friends were shot dead in Florida Road, Durban, outside Wish Restaurant in February 2023. Lindokuhle Mkhwanazi, Lindani Ndimande, Siyanda Myeza, Mziwethemba Gwabeni, and Lindokuhle Lindo Ndimande are accused of the murders; additionally, they are facing 10 other charges, including attempted murder. 

During the pre-trial conference at the Durban High Court on Wednesday morning, the Deputy Director of Public Prosecutions, advocate Lawrence Gcaba told the court that the State made it clear from the onset that they were not going to give the defence the names of the additional State witnesses and their statements in terms of section 144 of the Criminal Procedure Act. 

Section 144 allows the state to withhold the names of certain witnesses it intends to call during the trial. Previously, senior prosecutor Advocate Elvis Gcweka, who is working with Gcaba on the matter, told the court that the State would lead the trial with 45 witnesses and additional witnesses. The names of the additional witnesses have been withheld for their protection. 

“I was approached and informed that an application to compel the State to give the defence the witness statements would be made. That hasn’t happened,” Gcaba told the court. 

He said he had told the defence to make the application. Defence lawyer Advocate Jimmy Howse SC said he had mentioned the issue of the witness statements to Gcaba. The former acting director of public prosecutions, now defence counsel advocate Simphiwe Mlotshwa, said they were contemplating compelling the State to give them the witness statements. 

As the defence counsels wanted to engage more on this, Judge Jacqueline Henriques interjected and said these discussions should not be taking place in the presence of the media. 

“I am uncomfortable with that being laid out in the public domain,” she said.

She ordered both the State and defence to have a discussion about this, off record, while she stood the matter down and the gallery was cleared.

The matter then returned to court, and Gcaba requested that the court make an order for the matter to be adjourned to June 19, 2026 and during this time, both parties would sort out their issues.

It was also agreed between the parties that witness statements would be given to the defence six weeks before the trial starts. 

Judge Henriques said the presiding officer (Judge) who would be allocated to the matter would certify it is trial-ready. 

nomonde.zondi@inl.co.za