State offers help as defence seeks temporary transfer of accused in AKA murder case

The State has agreed to assist the defence in requesting that seven men accused in the murders of rapper Kiernan “AKA” Forbes and his friend Tebello “Tibz” Motsoane be temporarily transferred from a maximum-security facility back to Westville Prison to allow for legal consultations.

Why the transfer is sought

The seven accused Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Gwabeni, Lindokuhle Mhlaliseni Mkhwanazi, and brothers Malusi and Siyabonga Ndimande were moved from Westville Prison to eBongweni Super Maximum Correctional Centre in December 2025. The defence has complained that the stricter restrictions at the maximum-security facility have hampered their ability to consult properly with their clients.

Impact on the trial schedule

At a pre-trial conference in the Durban High Court on Thursday before Judge President Thoba Poyo-Dlwati, the court heard that inadequate consultation arrangements at the prison contributed to the decision to delay the trial, which was originally due to begin on July 20. The pre-trial conference was postponed to August 13 and the trial was moved to October 5.

Defence complaints

Defence counsel told the court that consultation times at eBongweni are limited. Advocate Simphiwe Mlotshwa, who represents Thabani Mkhwanazi and the two Ndimande brothers, said the scheduled consultation sessions are too short and numerous trips make adequate preparation impossible.

“The consultation times are only for 30 minutes, which presents an inconvenience. Given the number of trips required, it became apparent that it was not possible to conduct consultations properly,”

Mlotshwa also told the court that telephone consultations are limited to 10 minutes.

State’s role and limitations

Deputy Director of Public Prosecutions Advocate Lawrence Gcaba told the court that the State had previously offered to approach the Department of Correctional Services (DCS) about allowing the accused to be detained at Westville for consultations. Gcaba said the defence has launched a separate application seeking the transfer of all seven accused back to Westville, and that the State was not cited as a party in those proceedings, which are understood to be set down for hearing in the Durban High Court in early July.

Gcaba agreed in court to assist by requesting a short, two-week transfer to Westville to enable consultations, but he emphasised that the final decision rests with the DCS: “We can only suggest and not impose. We do not know what their processes are.”

Court concerns

Judge President Poyo-Dlwati expressed concern that the issues affecting preparedness were being raised at this late stage, noting that any delay could prejudice both the accused and the families of the deceased. The court also heard that some counsel would not be available during the July session when the trial had been scheduled to begin.

The accused are charged in relation to the February 2023 killings of AKA and Tibz on a Florida road in Durban.