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The five suspects in AKA and Tibz murder from left to right
Legal expert Abigail Ngobene says the announcement of a trial date in the case of five men accused of killing rapper Kiernan “AKA” Forbes and his friend Tebello “Tibz” Motsoane will depend on the defence’s readiness.
The five accused appeared today in the High Court sitting in Durban for a pre-trial conference.
Forbes and Motsoane were shot and killed outside a restaurant on Durban’s Florida Road in 2023. The State served the indictment when the case was moved to the High Court in February.
Ngobene says the court is waiting for confirmation from the defence on whether they have received sufficient documentation to prepare for trial.
“You remember that the last time they were given an indictment and they were also given comprehensive documents for them to formulate the defence, and this is in line with the Constitution, Section 35, that whoever is charged must be given comprehensive information for them to formulate a proper defence,” said Ngobene.
She added, “So what we are expecting from both is for the defence to say that what they were given is enough, and if it’s not enough to formulate the defence, they will have to request what we call further particulars. That is when the matter can proceed in terms of preparing for trial until it is certified trial ready.”
Ngobene also commented on the two additional suspects still in custody in eSwatini.
“Today we were here and waiting for the Supreme Court of eSwatini to hear the arguments of the defence on the appeal under the grounds that they feel that the court did not conduct the proceedings properly in terms of the ST Constitution,” she said.
Ngobene noted that if the court in eSwatini grants the appeal, the extradition process could be delayed. However, she clarified that this would not stop the Durban trial from proceeding.
“In the event that the appeal has been granted… we may see this matter in the Durban matter proceeding without the two. So we can have the first witness here by the court, and we will see if these are the ones in eSwatini tried separately,” she said.
AKA & Tibz Murder Trial | Hearing of five suspects resumes Thursday
