The murder pre-trial conference of slain South African rapper Kiernan ‘AKA’ Forbes and his friend Tebello ‘Tibz’ Mostoane is approaching its end. 

This as the State and defence have agreed on certain aspects. The Durban High Court on Thursday learnt that only minor issues need to be sorted out before the KwaZulu-Natal Judge President approves trial dates for 2026.

Lindokuhle Mkhwanazi, Lindani Ndimande, Siyanda Myeza, Mziwethemba Gwabeni, and Lindokuhle Lindo Ndimande are charged with the murders of Forbes and Motsoane, who were gunned down in Durban on Florida Road in February 2023. The two friends were killed outside Wish restaurant, where they had their last supper. The Wish restaurant has since closed down. 

The state senior prosecutor, Elvis Gcweka, told the court that the Section 220 admissions have been made by the accused. Section 220 of the Criminal Procedure Act 51 of 1977 allows for formal admissions by the accused, which constitute sufficient proof of such facts and mean that the State does not have to prove these facts in the trial.

However, the big-shot Durban senior counsel advocate, Jimmy Howse, said in respect of his client Lindani, there were admissions that they had a problem with. Howse has just been recently instructed in this matter. 

In the past, he has represented controversial Durban businesswoman Shauwn Mkhize. He is also representing the former eThekwini deputy head of Supply Chain Management, Sandile Ngcobo, in a Durban Solid Waste corruption case involving Zandile Gumede, a former mayor of eThekwini. 

Attorney Sibusiso Dlamini, who is instructing all the counsels in this matter, also told the court that in respect of Mkhwanazi and Lindokuhle Ndimande, there was an admission that they had a problem with. 

Dlamini further stated that advocate Simphiwe Mlotshwa, who is the counsel for Mkhwanazi and Lindokuhle Ndimande, was in another matter as he was not present. 

At some stage, the matter had to stand down as Judge Jacqueline Henriques said the State and defence must get their house in order regarding this. When the matter was called again, Gcweka said the evidence that the state would lead in the trial is bank statements, motor vehicle car trackers, ballistics, CCTV, and witness statements. He added that the State would lead with 45 witnesses, with additional witnesses. 

However, Howse said he wanted the State to provide the defence with the witness statements of the additional witnesses that were not named by the State. “It’s always an ambush at trial,” he added. 

“The trial would be heard over two sessions, one in July and the other in October,” Gcweka told the court. 

However, he stated that the dates had not been approved by Judge President Thoba Poyo-Dlwati. 

Judge Henriques said she was not going to certify the matter trial-ready as the defence and State need to get their house in order and get the court dates certified by Judge President Poyo-Dlwati. 

The matter was postponed to August 13.

nomonde.zondi@inl.co.za

Source link