Ndimande Brothers Change Tactics, Prepare Bail Bid In AKA Murder Case

The legal battle surrounding the high profile murders of South African rapper Kiernan “AKA” Forbes and his friend Tebello “Tibz” Motsoane took another turn on Wednesday when two of the accused signalled a sudden change in strategy.

Malusi Dave Ndimande and Siyabonga Gezani Ndimande, who were extradited from Eswatini in late 2025, have abandoned plans to challenge their detention at a maximum security prison. Instead, they now want the court to consider granting them bail.

The development emerged during their appearance at the Durban Magistrate’s Court, where their legal team initially argued that prison conditions were limiting their ability to prepare for trial.

Legal Strategy Changes Inside The Courtroom

The brothers’ attorney, Sibusiso Dlamini, first approached the court requesting that his clients be transferred to Westville Prison for two weeks.

He argued that consultations at Ebongweni Super Maximum Correctional Facility were too restrictive and closely monitored, making it difficult for the defence team to properly prepare.

According to Dlamini, he managed only a short consultation with the brothers during a previous visit.

However, after a brief consultation between the defence and the prosecution inside court, the situation shifted dramatically. Dlamini returned to Magistrate Irfaan Khalil with new instructions.

The brothers would no longer pursue the transfer request. Instead, they planned to apply for bail.

Prosecutors Question The Sudden Move

Senior State prosecutor Advocate Elvis Gcweka raised questions about the change in approach.

He told the court the State had no role in deciding where Correctional Services detains accused individuals, explaining that the National Prosecuting Authority does not control prison placements.

Gcweka also noted that the defence had earlier argued the prison conditions made consultations difficult. The sudden decision to abandon the transfer request and instead proceed with a bail application raised practical questions about how preparations would now take place.

Magistrate Khalil indicated that Correctional Services officials may need to appear in court to explain why the brothers were moved from Westville Prison to the high security Ebongweni facility.

Multiple Accused In High Profile Murder Case

The Ndimande brothers are among seven people charged in connection with the killings of AKA and Motsoane, which shocked South Africa and sparked one of the country’s most closely followed criminal investigations in recent years.

The two were brought back to South Africa from Eswatini late last year after authorities secured their extradition.

They are expected to stand trial alongside Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Gwabeni and Lindokuhle Lindo Ndimande.

Trial dates have already been scheduled in the Durban High Court for July.

Court Sets Date For Bail Application

After discussions between the defence and prosecution, the court agreed that the brothers’ bail application will be heard on 10 April.

Their legal team also confirmed that the State intends to treat several other murder matters involving the brothers as separate cases.

That means the bail application scheduled for April will apply specifically to the charges linked to the deaths of AKA and Tibz.

The brothers are also expected to appear in the High Court on 17 April, where they will be formally indicted in other murder cases.

{Source:IOL}

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