The five suspects in AKA and Tibz murder from left to right - Lindokuhle Mkhwanazi, Lindani Ndimande, Siyanda Eddie Myeza, Mziwethemba Gwabeni and Lindokuhle Ndimande.Legal expert Abigail Ngobene says two of the five men accused of murder in the case of Kiernan ‘AKA’ Forbes will have to provide the Durban Magistrate’s Court with exceptional circumstances to be released on bail.Forbes and his friend Tebello ‘Tibz’ Motsoane were gunned down outside a restaurant in Durban in February 2023.
Two other suspects who were arrested in eSwatini are awaiting the ruling of the court in the application for their extradition. Ngobene says, “You remember that last time when we were here on the 29th of November, they were particular to rely on the issue of Eswatini, where the accused persons in Eswatini were granted leave to appeal. So, part of the things that they may be bringing today, they will be saying the trial will take longer to start, which impacts the rights of the accused persons in terms of Section 35 of the Constitution.
“But, on how they are going to be able to substantiate that will be another thing, given that the state had already indicated that they can proceed with the fine to the exclusion of the two. So, amongst many things, it’s dead, but we will just have to wait and see what other factors. But in terms of the law, such factors need to fit into the category of being exceptional in nature.”
The bail application for two suspects accused of murder in the Kiernan “AKA” Forbes case is currently underway at the Durban Magistrate’s Court. Tune in to SABC News channel 404 to follow the proceedings live.