AKA and Tibz murder accused asks not to be returned to Ebongweni super-maximum prison as trial adjourns to 2027

Siyabonga Gezani Ndimande on the far right raising his hand to ask the court to not be moved back to Ebongweni super-maximum correctional facility as their trial will proceed in April 2027. From left Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyabonga Eddie Myeza, Mziwethemba Gwabeni, lindokuhle Mhlaliseni Ndimande and Malusi Dave Ndimande.

Judge Nomfundo Sipunzi, who is presiding over the murder trial of Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane, swiftly distanced herself from a request by one of the accused who raised concerns about the possibility of being transferred from Westville Prison back to the Ebongweni Super Maximum Correctional Facility.

The seven accused — Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Harvey Gwabeni, Lindokuhle Mhlaliseni Ndimande, and brothers Malusi Dave and Siyabonga Gezani Ndimande — were abruptly transferred from Westville Prison to the super-maximum facility, commonly known as Kokstad prison, in December 2024.

Their lawyers subsequently complained that the strict restrictions at the facility made it difficult to consult properly with their clients. During the pre-trial conference, the defence told the court that in-person consultations were limited to 30 minutes, while telephone consultations were restricted to 10 minutes.

Senior State advocate Elvis Gcweka, who is prosecuting the accused alongside advocate Lawrence Gcaba, previously told the court that the Department of Correctional Services was responsible for providing answers about the decision to transfer the accused to Ebongweni.

However, just months before the trial began, Gcaba, the deputy director of public prosecutions, told the court that the State had made efforts to have the accused returned to Westville Prison to facilitate consultations with their lawyers. They have remained at Westville since then.

On Thursday afternoon, as Sipunzi postponed the trial to April 2027 following the conclusion of its first session, one of the accused, Siyabonga Gezani, raised his hand.

Siyabonga Gezani Ndimande who asked the court to not be returned to Ebongweni prison.

His advocate, Gareth Leppan, briefly consulted with him before informing the court that his client was requesting that the accused not be transferred back to Ebongweni.

Leppan reminded the court of the difficulties the defence had previously experienced when trying to consult with their clients at the super-maximum facility.

Sipunzi immediately distanced herself from the request.

“I can’t get involved, and you should know this, Mr Leppan,” she said before standing up and leaving the courtroom.

The reasons for the accused’s initial transfer to Ebongweni were never disclosed in court. It also remains unclear whether the defence formally challenged the Department of Correctional Services’ decision to move them there.

Previously, the accused’s instructing attorney, Sibusiso Dlamini, had indicated that they intended to bring an urgent application challenging the transfer. However, it has not been placed on record whether such an application was ever filed.

Since the trial began on October 5, the accused have generally appeared relaxed in court, with some smiling, joking with members of the media and posing for photographs.

Celebrity Chef Tebello 'Tibz' Motsoane and his friend rapper Kiernan 'AKA' Forbes were killed on Florida road at February 2023.

That demeanour appeared to change after the State played CCTV footage allegedly showing Gwabeni following AKA at the King Shaka International Airport on the day of the murders. Since the footage was shown, Gwabeni has not been seen smiling in court.

Mhlaliseni Ndimande, who the State has identified as the alleged spotter and who was seen in footage at Wish restaurant, where AKA had his last meal, has also stopped smiling and posing for photographs. As they walked back to the court holding cells Gwabeni was seen saying good bye to his wives. 

The trial is expected to resume on April 12, 2027.