AKA murder suspects denied bail again in Durban court

Two of the five men accused of the murder of rapper Kiernan ‘AKA’ Forbes and his friend Tebello ‘Tibz’ Motsoane have been denied bail by the Durban Magistrate’s Court on Wednesday.

Forbes and Motsoane were gunned down outside a restaurant in Durban in 2023.

Last week, Mzwithemba Gwabeni and Lindokuhle Ndimande brought a new bail application based on what their legal representatives said were new facts.

Gwabeni is alleged to be the mastermind behind the killings.

All five accused were denied bail in May last year, following their arrest in February of that year.

However, Magistrate Vincent Hlatshwayo says the accused failed to present the court with new facts.

Two other suspects, who were arrested in eSwatini, are awaiting the ruling on their extradition.

AKA , Tibz Murder Case | Bail judgment in murder case

Meanwhile, legal expert Abigail Ngobene says in a murder case, an accused must prove exceptional circumstances on why they should be granted bail.

Ngobene explains, “They have to adduce and prove to the court exceptional circumstances, not just personal circumstances. Exceptional circumstances, and in terms of the case law, such exceptional circumstances must be somehow peculiar in nature, extraordinary. When you consider that, the interest of justice, balancing the interest of the applicant, as well as that of the society and the interest of justice should determine if they have been able to really on a balance of probabilities prove to the court that it’s in the interest of justice form them to be admitted to bail.”