Durban — One of the five men charged with the murder of South African rapper Kiernan “AKA” Forbes intends on making an application on the basis of Section 174 of the Criminal Procedure Act 51 of 1977 once the State had rested its case in the trial.
Lindokuhle Thabani Mkhwanazi 30, made this indication on Thursday in the Durban Magistrate’s Court in his bail affidavit which was read out by his legal representative Advocate Simphiwe Mlotshwa.
Mkhwanazi is charged along with Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 21, Mziwethemba Harvey Gwabeni, 36, and Lindokuhle Lindo Ndimande, 29.
They face 12 counts including two murders, conspiracy to commit murder, unlawful possession of firearms and ammunition, five attempted murders, and money laundering.
It is alleged that Gwabs Miningi, a company owned by accused Gwabeni received an amount of R803 455 on the pretext that it was for the services of consult when in fact it had been for AKA’s murder.
The attempted murders they are charged with are in relation to other people who had been around AKA on Florida Road at the time of his assassination.
AKA was gunned down last year along with his friend Tebello “Tibz” Motsoane on Durban’s Florida Road.
The court heard the bail application for Mkhwanazi and Myeza as the bail affidavits for the other three accused were incomplete.
“Though I’m a layman, after the assault by police I reached the conclusion that the state is skating on thin ice as they have no evidence linking me. I will plead not guilty and I am prepared to take the court into my full confidence that I am not guilty in fact, I will apply for a discharge after the State’s case. I have not been given a witness list therefore I don’t know their identity and I will not threaten them. I want to prove my innocence,” said Mkhwanazi in his affidavit.
Myeza in his affidavit said that the charges against him would not lead to a conviction and pointed out that he and his co-accused were all charged with the same counts, raising concerns over joint possession of a firearm.
“It has not been made clear where the guns were recovered… My interest is in my freedom and getting a job and supporting my children. The State’s case is artificially bolstered and somewhat fragile,” said the unemployed 21-year-old from uMlazi.
Both he and Mkhwanazi are currently out on bail where they face charges of murder, conspiracy to commit murder and unlawful possession of a firearm and ammunition.
After the matter was adjourned, AKA’s father Tony Forbes reacting to the two accused’s not guilty intended plea said, when the State gets its opportunity to respond in the bail application he has confidence that it would provide a proper basis in opposing bail.
“This a marathon, not a sprint things will take time and not happen quickly. It’s their right to apply for bail but I have confidence in the team, that they have worked hard to build a solid case and not just make arrests. They must not be granted bail, accused one and three have other cases that they have been granted bail on, how many cases must they be granted bail on? If they are granted bail who knows what can happen to them and who knows what they can do, I stand with the team in opposing bail.”
He said that while he would not be in court for every appearance he would be present for the most important moment.
Seven people have been arrested for the murder of AKA and Tibz with two of the suspects currently in custody in Eswatini awaiting extradition.
Outside court, National Prosecuting Authority spokesperson Natasha Ramkisson-Kara said that the NPA’s National Director Advocate Shamila Batohi has signed the necessary documentation.
“This documentation has been forwarded to the Department of Justice which is the central authority in this process and they will effect the documents further.”
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