Lindokuhle Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 21, Mziwethemba Harvey Gwabeni, 36, and Lindokuhle Lindo Ndimande, 29, are accused of killing rapper AKA. Picture: Anelisa Kubheka
Durban — The Durban magistrate dealing with the bail application of five men accused of killing South African rapper Kiernan “AKA” Forbes has ruled to not look at a charge sheet purported to be that of the two accused yet to be extradited from eSwatini.
The eSwatini charge sheet was one of the annexures attached to the bail affidavit of 36-year-old Mziwethemba Harvey Gwabeni.
On Monday, before advocate Joe Wolmarans representing Gwabeni could begin reading the accused’s bail affidavit, Deputy Director of Public Prosecution (DPP) advocate Lawrence Gcaba asked to bring an application for the exclusion of some annexures attached to Gwabeni’s bail affidavit.
Gwabeni and his co-accused Lindokuhle Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 21, Lindokuhle Lindo Ndimande, 29, are charged with 12 counts including two murders, conspiracy to commit murder, unlawful possession of firearms and ammunition, five attempted murders, and money laundering.
It is alleged that Gwabs Miningi owned by accused Gwabeni received an amount of R803 455 on the pretext that it was for the services of consulting when in fact it had been for AKA’s murder.
The attempted murders they are charged with are in relation to other people who had been around AKA on Florida Road at the time of his assassination.
AKA was gunned down last year along with his friend Tebello “Tibz” Motsoane on Durban’s Florida Road last year.
The court has already heard the bail affidavits of Mkhwanazi, Ndimande, and Myeza.
“I'm yet to understand how records of another country form part of an application in this court and which sections it falls under. I understand that it’s a public document and it is accessible to the public of another country. There is no authentication that these are proceedings of that court.
“What bothers us more is that on the very same document, there are notes made showing someone was working with this document indicating certain things on it, this does change material, the actual document handed in court, how are we to tell that this is the same document handed in at that court? I don’t know who made the notes, this charge sheet is not certified. It’s on this basis that these can’t be admitted in this court. The document itself does not relate to any of the applicants before the court,” said Gcaba.
Wolmarans argued that there was no reason why the charge sheet attached should not be allowed.
“The facts given there (the charge sheet) relate to this matter. This is a bail application and the rules of evidence are somewhat relaxed and hearsay is allowed… The court should allow it, if the court chooses to ignore it then that’s the court's decision, this is a bail application, not a trial. There is no authority given that a charge sheet from another country can’t be presented in a bail application,” said Wolmarans.
In his ruling, Magistrate V Hlatshwayo said: “I refuse to see the attached charge sheet, I see no relevance of it at this stage and I appeal to court officials to adhere to the rules of evidence.”
Wolmarans then asked for Gwabeni’s bail application to the heard tomorrow as he needed time to amend his bail affidavit accordingly without the charge sheet in question.
The bail application continues on Tuesday.
WhatsApp your views on this story at 071 485 7995.
Daily News