The Durban High Court has ordered that Siyanda Eddie Myeza’s additional charges linked to a 2022 murder case be heard separately from the trial of the six men accused with him of killing rapper Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane.
Judge Nomfundo Sipunzi granted the application on Tuesday afternoon, the second day of the trial. Myeza, accused number three, will face counts 12 to 17 relating to the May 2022 Mayville case separately, while the other six accused will continue with the AKA and Tibz matter on counts one to 11.
The judge said her reasons for the decision would be provided in the full judgment.
The application was brought by the first accused, Lindokuhle Thabani Mkhwanazi, on behalf of himself and five co-accused, with Myeza supporting the request.
The defence argued that the other six accused should not have to remain part of proceedings involving charges that applied only to Myeza. Mkhwanazi argued that keeping the matters together could unnecessarily delay the trial and place an additional burden on the accused.
The state opposed the separation, arguing that the two matters were connected through evidence, witnesses and firearms.
Investigating officer Kumarasan Pillay told the court that ballistic evidence linked a firearm allegedly used in the Forbes and Motsoane killings to the Mayville matter. The State also argued that some witnesses were expected to give evidence in both cases.
Myeza’s additional charges relate to a May 2022 shooting in Mayville in which the state alleges that Gift Khanyile was killed. The charges include allegations that two other people were targeted, conspiracy to commit murder and the theft of a motor vehicle.
The state also challenged the application's legal basis, arguing that the defence had relied on the wrong section of the Criminal Procedure Act. The defence disputed this and argued that the court had the power to separate the matters, while keeping them together could cause prejudice.
Sipunzi ultimately granted the application, meaning Myeza’s Mayville charges will be dealt with separately from the AKA and Tibz murder case.