A KwaZulu-Natal taxi owner accused of murdering Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane claims he was assaulted by the police after his arrest.
Lindani Zenzele Ndimande, 35, on Monday handed in an affidavit in support of his bail application to the Durban Magistrate’s Court.
Ndimande, Lindokuhle Thabani Mkhwanazi, Siyanda Eddie Myeza, Mziwethemba Harvey Gwabeni and Lindokuhle Lindo Ndimande have been charged with the murders. Mkhwanazi and Myeza submitted affidavits in support of their bail applications last week.
Ndimande – whose affidavit was read into the court record by his advocate, Joe Wolmarans – said he had been arrested in respect of another matter in October last year and brought to Durban.
“I was arrested near my home in Empangeni and brought to Durban, where I was assaulted by police and forced to confess to my involvement in the murders of well-known musician. I unreservedly denied any involvement in the murders. I intend to plead not guilty.”
During the court proceedings, it was revealed Ndimande has a previous conviction for robbery with aggravating circumstances.
“I was granted bail in this matter and followed all the requirements that were asked of me and had no issues.”
Ndimande said he was a taxi owner and a Maskandi artist.
“I have five children and I am engaged. I am the sole provider for my family. If not given bail, my family will not have anyone to provide for them. I have children that are in school, and it is my responsibility to pay their school fees.”
He added that he was concerned for his safety as a taxi owner if he was not granted bail.
“Taxi violence is rife in KZN. I have had family members that were targeted because I’m a taxi owner by rival taxi associations. I fear for my safety, as with the amount of taxi violence I don’t feel that I will be safe if I’m denied bail and kept incarcerated.”
Ndimande said he had no family in other countries and posed no flight risk. “I also have no knowledge of witnesses and pose no danger and will not threaten them in any way. I am able to pay an amount of R20 000 in bail and ask that I be granted bail, as I will comply with all conditions asked of me.”
Meanwhile, the extradition of the remaining two murder accused in eSwatini is ongoing.
Wolmarans had wanted to add the charge sheet of the other two accused from eSwatini in the bail hearing.
But this was opposed by the State, and presiding magistrate Vincent Hlatshwayo said he felt the charge sheet bore no relevance to the bail hearing.
He also said charge sheets could not be submitted into evidence.
Hlatshwayo added that he was concerned about the slow pace at which the bail hearing was proceeding, as it was supposed to be an urgent one.
The bail application is expected to continue on Tuesday.
The Mercury