The long-awaited AKA murder trial has taken a new turn after two brothers, Siyabonga and Malusi Ndimande, were extradited from eSwatini and made their first appearance in the Durban Magistrate’s Court on Tuesday. The brothers are accused of being part of the hit squad that assassinated multi-award-winning rapper Kiernan “AKA” Forbes and his close friend Tebello “Tibz” Motsoane outside Wish Restaurant in Durban in February 2023.
The pair appeared before Magistrate Irfaan Khalil, with senior state prosecutor Lawrence Gcaba leading the case for the State. The Ndimande brothers were represented by attorney Sibusiso Dlamini and advocate Cyril Mlotshwa.
“This is the accused’s first appearance in a South African court following their extradition from the Kingdom of eSwatini,” Gcaba told the court. “There was a request for them to be indicted on three separate matters.”
Police trace payments through business account
KwaZulu-Natal Provincial Police Commissioner Lieutenant General Nhlanhla Mkhwanazi, who was present in court, revealed that investigators were tracking financial transactions believed to be linked to the planning and payment of the assassination.
According to Mkhwanazi, police have identified a key figure suspected of coordinating the hit and distributing payments to the alleged hitmen.
“That person paid the entire group after the job,” he said. “But he used his bank account to transfer money. That’s a business account that he used. We are investigating further.”
The revelations suggest that authorities are closing in on the financial mastermind behind the orchestrated killing, which they say involved meticulous planning and communication among several suspects.
Human rights and legal representation
Prosecutor Gcaba emphasized that human rights oversight was central to the extradition process. “This is to ensure observance, respect, and protection of the respondents’ human rights,” he told the court, noting that representatives from the South African Human Rights Commission (SAHRC) were present throughout the proceedings.
However, the defence raised concerns about restricted access to their clients. Advocate Mlotshwa said, “Before the date of the postponement, we will be visiting them in the correctional services facility. However, I wouldn’t know if that security detail will allow us to consult with them privately.”
Magistrate Khalil assured that the accused were constitutionally entitled to consult with their lawyers, stating that security protocols would not infringe on that right.
Case postponed to November 25
The court postponed the case to November 25 to allow the defence team time to consult with the Ndimande brothers and prepare their response.
The appearance marks a major step in South Africa’s ongoing efforts to bring all suspects in the AKA and Tibz murder case to justice. Police continue to pursue additional leads tied to the alleged payment network and masterminds behind the high-profile killings.
