Advocate Simphiwe Mlotshwa to represent five accused in AKA's murder case

The former acting director of public prosecutions in KwaZulu-Natal, Advocate Simphiwe Mlotshwa, will now be the one representing all five men accused of killing South African rapper Kiernan AKA Forbes and his friend, chef Tebello ‘Tibz’ Motsoane. 

Advocate Lawrence Gcaba, the KZN deputy director of public prosecutions, revealed this on Thursday at the Durban High Court. 

Forbes and Motsoane were shot and killed outside Wish restaurant in Durban on Florida Road on February 10, 2023. 

The five accused, Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Harvey Gwabeni, and Lindokuhle Lindo Ndimande, made a brief appearance in this court. 

They are charged with two counts of murder, conspiracy to commit murder, five counts of attempted murder, two counts of unlawful possession of a firearm, and unlawful possession of ammunition. 

Gcaba told the court that attorney Sibusiso Dlamini would be the one representing the accused. “Advocate Mlotshwa would be instructed by Mr Dlamini,” he said. 

Moreover, he said they agreed that this matter be postponed to June 12 for a pre-trial conference, while Mlotshwa goes to eSwatini for the extradition appeal of the two other accused on this matter, Siyabonga Gezani Ndimande and Malusi Dave Ndimande. 

Presiding officer Judge Jacqueline Henriques postponed the matter to June 12.

Previously, Mlotshwa represented Mkhwanazi and Lindokuhle Lindo Ndimande, while Myeza was represented by attorney Yolanda Gielink; Gwabeni and Lindani were represented by advocate Joe Wolmarans. 

The State is alleging that Gwabs Mining, owned by Gwabeni, received R803 455 from a company called Bright Circle, where Mfunda Gcaba is a sole director with reference services of consult, when in fact it had been for AKA’s murder. 

The money was received a day after the murder. According to the cellphone records, it is alleged that Gwabeni made a phone call to a number linked to Mfunda before the money was deposited. 

The State said that Gwabeni transferred over R100 000 into the bank accounts of his co-accused. Furthermore, it said Gwabeni followed AKA and his entourage from the airport until he arrived at a hotel in Mhlanga. 

When Gwabeni applied for bail on new facts, Adv Gcaba said they had received the footage from the airport, which clearly shows Gwabeni following the wrapper while he was on the phone.

Additionally, the State alleges that Lindokuhle Lindo Ndimande was at Wish Restaurant whilst AKA was there and chose a spot where the rapper and his company would be in his sight. 

The State said he was busy on his phone while eating and looking at AKA’s direction, and when the shooting occurred, he remained inside and was not shaken like the others were. 

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