The Durban High Court must now decide whether the murder trial arising from the deaths of rapper Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane proceeds as a single case or splits in two, after six of the seven accused formally asked the court to separate their case from a co-accused facing additional charges.
The application was brought by the first accused, Lindokuhle Thabani Mkhwanazi, on behalf of himself and five others. They argue that the additional charges against Siyanda Eddie Myeza, the only accused facing allegations beyond the Forbes and Motsoane killings, should be dealt with separately. Keeping the matters together, they contend, could unnecessarily prolong the trial. Myeza has filed an affidavit supporting the application. The state is opposing it.
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’s additional charges 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 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, Mkhwanazi 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’s position rests on 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, and that some witnesses were expected to give evidence in both matters. The state argues that keeping the matters together would avoid duplication and allow the court to consider the connected evidence together.
Pillay further said the state had previously discussed consolidating the Mayville charges with the attorney representing the accused, and that 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 separation application is one of the first procedural tests of a trial getting under way more than three years after the killings. 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. At this stage, the application remains before the court and there has been no final finding on it.
Meanwhile, the court has moved to manage how the proceedings can be reported. 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 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, a framework that will shape public accountability as the trial moves towards evidence being heard.
For now, the proceedings remain focused on the separation application. 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. Whether the court splits the trial or keeps it whole, the answer will set the pace for how quickly the killings of 10 February 2023 finally reach a verdict.