KZN Judge President issues warning against delays ahead of AKA murder trial
The KwaZulu-Natal Judge President has issued a stern warning to the State and defence to make themselves available next year for the three month murder trial of Kiernan ‘AKA’ Forbes and Tebello Tibz Motsoane.
Forbes and Motsoane were gunned down in February 2023 outside Wish restaurant on Florida Road. Lindokuhle Mkhwanazi, Lindani Ndimande, Siyanda Myeza, Mziwethemba Gwabeni and Lindokuhle Lindo Ndimande are charged with the murders.
Judge President Thoba Poyo-Dlwathi, was the presiding officer at the pre-trial conference on Thursday morning at the Durban High Court of five of the seven men accused of killing the two friends.
She said the matter would be set down for a term next year, and a term is three months and warned that part heard matters in the trial cannot continue.
“Some of my colleagues are retiring and when there are part heard matters they are dealing with they have to come back for them,” she said.
Judge Poyo-Dlwathi told both parties that if they are not available they must make sure that there is someone standing in for them.
The court also learned that former KZN Acting Director of Public Prosecutions Advocate Simphiwe Mlotshwa would no longer represent all the accused, but would be counsel for the first accused, Mkhwanazi, and the fifth accused, Lindokuhle Ndimande.
Adv Paul Jorgensen will be representing Lindani and Gwabeni, while Adv Mkhululi Nkomo will represent Siyanda Myeza.
The State, being led by the deputy director of public prosecutions advocate Lawrence Gcaba, asked for the matter to be adjourned to July 24, 2025.
Gcaba said previously, the pre-trial conference could not be finalised due to the issues of representation on the side of the accused. “That was sorted today,” he said.
Moreover, Gcaba said the State was not ready to proceed and there were a few issues that needed to be addressed amongst both parties. He said they would be ready to proceed in July.
Outside court National Prosecuting Authority (NPA) spokesperson Natasha Ramkisson-Kara said the appeal proceedings were underway in eSwatini for the two Ndimande brothers Siyabonga Gezane and Malusi Dave – they are also charged with the murders.
She said the respondents will have to file their heads of argument, to be followed by the State.
“Following that, the matter will be set down for a hearing in the Eswatini High Court,” she said.
nomonde.zondi@inl.co.za