Two advocates withdraw as AKA and Tibz murder trial nears - IOL

Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Gwabeni, Lindokuhle Mhlaliseni Mkhwanazi, and brothers Malusi and Siyabonga Ndimande charged with the murders of AKA and Tibz.

The murder case of rapper Kiernan “AKA” Forbes and his friend Tebello “Tibz” Motsoane has been hit by a major defence shake-up just days before the trial is due to begin, with two heavyweight advocates withdrawing from the case and a senior advocate who also serves as an acting judge brought in as replacement counsel.

Advocate Jimmy Howse SC, who represented fourth accused Mziwethemba Gwabeni, has been replaced by Advocate William Nicholson SC, who also serves as an acting judge.

Advocate Muzi Mzelemu, who represented Lindokuhle Thabani Mkhwanazi, will also represent Lindani Ndimande, whom Advocate Paul Jorgensen previously represented.

The reasons for Howse and Jorgensen's withdrawal were not stated. However, the changes were placed on record on Wednesday when the matter was heard in the absence of the accused before Judge Nomfundo Sipunzi.

Former Acting Director of Public Prosecutions (DPP) Simphiwe Mlotshwa, who previously represented Mkhwanazi alone, will now also represent Siyanda Eddie Myeza.

Advocate Gareth Leppan continues to represent Malusi Dave Ndimande and Siyabonga Gezani Ndimande. All the accused are alleged to have gunned down the friends on Florida Road in February 2023.

The reshuffling of the defence teams came as the State and defence were also preparing to deal with an application for the separation of the trial.

KwaZulu-Natal Deputy Director of Public Prosecutions Advocate Lawrence Gcaba, who is prosecuting the accused alongside senior State Advocate Elvis Gcweka, told the court that the State had received papers relating to the application five minutes before Wednesday’s proceedings.

“We received some love letters from the instructing attorney, about a separation of trial. I’m still confused by it. But I think this is something that we have to deal with on Monday,” Gcaba said.

He said the State would oppose the application and intended to file its response by Saturday as they are busy with consultations. Despite the late filing, Gcaba assured the court that the State would be ready to proceed with the trial on Monday.

Mlotshwa explained that the application had been prepared about a week earlier but that the instructing attorney, Sibusiso Dlamini, had experienced difficulties filing it at court.

He said Mkhwanazi was the accused bringing the application and that the other accused aligned themselves with it.

Mkhwanazi is seeking the separation of trial as Myeza also faces six separate charges, including two counts of murder and theft charges relating to a Toyota Etios.

In his affidavit, Mkhwanazi said he had been in custody without bail for almost two years and seven months and argued that the charges against Myeza should instead be prosecuted in the Regional Court.

“In fact, the State has a broad option either to have all these multiple counts against Myeza prosecuted in the Regional Court as they are justiciable to be prosecuted in the Regional Court or in the High Court with only Myeza.”

Mkhwanazi argued that it would cause him financial prejudice and waste his time to sit through the trial while the State presented evidence relating to Myeza’s additional charges.

“I shudder to think what it is that I will be doing in Court while the State is presenting evidence relating to these multiple counts against Myeza,” he said.

Moreover, he said there was a mountain of potential that this case would be like the Senzo Meyiwa case.

Judge Sipunzi directed both sides to resolve outstanding issues before the trial starts on Monday. These include Section 220 admissions — facts agreed upon by the State and defence which do not need to be proved through evidence in court.

Gcaba said these admissions would cover matters including the postmortem reports and causes of death. Judge Sipunzi said she did not want issues emerging unexpectedly once the trial was under way.

Gcaba also informed the court that some witnesses would testify virtually from another province, while one witness had requested to testify in camera.

The seven accused collectively face 11 charges, including conspiracy to commit murder. Myeza faces a further six charges and an alternative count arising from a separate alleged incident on May 6, 2022, on Jan Smuts Highway in Mayville.

The trial is expected to start on Monday.