The trial of seven men accused of killing rapper Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane continued in the Durban High Court on Tuesday, with six of the accused asking for their case to be separated from that of Siyanda Eddie Myeza, who faces additional charges linked to a separate 2022 murder case.
The application was brought by the first accused, Lindokuhle Thabani Mkhwanazi, on behalf of himself and five other accused. They want Myeza’s additional charges to be dealt with separately, arguing that keeping the matters together could unnecessarily prolong the trial. Myeza has also filed an affidavit in support of the application. The state is opposing the separation.
All seven accused face charges relating to the deaths of Forbes and Motsoane, who were shot outside the Wish restaurant on Florida Road in Durban on 10 February 2023. The charges include two counts of murder, attempted murder, conspiracy to commit murder and offences relating to firearms and ammunition. All seven pleaded not guilty when the trial began on Monday.
Myeza is the only accused who faces additional charges in the same proceedings. These relate to the May 2022 murder of Gift Khanyile in Mayville, two counts of attempted murder, conspiracy to commit murder and the theft of a motor vehicle. The state previously consolidated the Mayville matter with the Forbes and Motsoane case because it says there is a link between the evidence in the two matters.
Mkhwanazi's argument is that the other accused should not have to remain part of proceedings involving allegations that apply only to Myeza.
In his application, he raised concerns about the length of the trial and the financial and personal consequences of remaining in custody while evidence relating to the separate matter was heard. He also drew a comparison with the lengthy Senzo Meyiwa murder trial, warning that the AKA case could face similar delays if the matters remain together.
The state says there is an evidential connection between the two matters. Warrant Officer Kumarasan “Bob” Pillay of the Provincial Murder and Robbery Unit said in an affidavit that some of the ballistic evidence in the Mayville matter overlapped with evidence in the main case. He said some witnesses were expected to give evidence in both matters. The state's position is that keeping the matters together would avoid duplication and allow the court to consider the connected evidence together.
Pillay said the state had previously discussed consolidating the Mayville charges with the attorney representing the accused. He said no objection was raised when the amended indictment was served or during later pre-trial conferences. The defence has disputed aspects of the state's position in a replying affidavit filed after Pillay's affidavit.
The court is therefore being asked to decide whether the additional charges against Myeza should remain part of the same proceedings or be dealt with separately. At this stage, the separation application remains before the court and there has been no final finding on it.
The application comes as the main trial gets under way more than three years after Forbes and Motsoane were killed. The case had been scheduled for trial from 5 October to 6 November, with further dates to be determined. The seven accused remain in custody.
Proceedings have also been subject to restrictions on the reporting of evidence. Judge Nomfundo Sipunzi ruled on Monday that the identities and personal details of witnesses may not be published and that their testimony may not be broadcast while they were giving evidence. The court also restricted the broadcasting or publication of exhibits unless permission was granted. Media coverage of pleas, the opening and closing of the state and defence cases, legal arguments, rulings, orders and the judgment remain permitted.
The restrictions are particularly relevant as the trial moves towards evidence being heard. The court has stressed the need to balance open justice and freedom of expression with the accused's right to a fair trial and the interests of witnesses. The ruling means that details emerging from witness testimony must be reported within the limits set by the court.
For now, the proceedings remain focused on the separation application before the court. The six accused supporting Mkhwanazi's application say that keeping Myeza's additional charges in the same trial could cause unnecessary delays, while the state maintains that the matters are connected through evidence and witnesses.