Judge limits media reporting at AKA–Tibz murder trial: what reporters may and may not publish

According to IOL, the KwaZulu‑Natal High Court has issued a directive restricting what journalists can publish while covering the murder trial of rapper Kiernan “AKA” Forbes and chef Tebello “Tibz” Motsoane.

What is banned

According to IOL, Judge Sipunzi’s directive bars the media from disclosing the identities or personal particulars of any witness called by the state or the defence. Journalists may not publish or broadcast the evidence of witnesses while they testify, nor may they publish exhibits handed in during the trial unless the court gives authorisation.

“The court recognises the importance of the principles of freedom of expression and open justice, while at the same time safeguarding the constitutional right of the accused persons to a fair trial and protecting the interests of witnesses who may be called to testify,” Judge Sipunzi said in the directive.

What reporters may cover

According to IOL, the directive allows the media to attend, observe, report on and broadcast the trial, but limits reportable material to specific court events and rulings. Reportable items include the plea, the opening and closing of the state and defence cases, arguments by counsel, the court’s rulings and orders, and the judgment.

Audio‑visual and photography rules

According to IOL, where audio‑visual coverage is permitted, cameras and recording equipment must remain stationary and positioned so they do not disrupt proceedings or distract anyone in court. Photographs of the courtroom may be taken only before proceedings start each day and after the court has adjourned.

Trial background and timetable

According to IOL, Forbes and Motsoane were shot dead outside a restaurant on Florida Road on February 10, 2023, the National Prosecuting Authority told reporters. Seven men are on trial in the Durban High Court on charges that, according to IOL, include conspiracy to commit murder, two counts of murder, multiple counts of attempted murder and firearm and ammunition offences.

According to IOL, the accused are Lindokuhle Thabani Mkhwanazi; Lindani Zenzele Ndimande; Siyanda Eddie Myeza; Mziwethemba Harvey Gwabeni; Lindokuhle Lindo Ndimande; and brothers Siyabonga Gezani Ndimande and Malusi Dave Ndimande. The Ndimande brothers were extradited from Eswatini last year, the NPA’s regional spokesperson Natasha Ramkisson‑Kara said in June. All seven have remained in custody, IOL reports.

According to IOL, at the final pre‑trial sitting on August 13, KZN Judge President Thoba Poyo‑Dlwati set the first leg of the trial from Monday to November 6, excluding election day on November 4, with a second leg scheduled from April 12 to May 14, 2027.

Possible changes to the directive

According to IOL, Judge Sipunzi said the directive could be amended, added to or varied by further order of the court if the interests of justice required it.