Durban — The man labelled the mastermind behind the killing of Kiernan “AKA” Forbes and his celebrity chef friend Tebello “Tibz” Motsoane made a fresh bid for bail with an appeal to the Durban High Court this week.
Mziwethemba Gwabeni, 36, will learn later whether his bid was successful when Judge Nompumelelo Hadebe hands down her decision.
The bail applications of Gwabeni and four other accused (brothers Lindani Ndimande, 35, Lindokuhle Ndimande, 29, Siyanda Myeza, 21 and Lindokuhle Mkhwanazi, 30) caused a media frenzy as they played out over a few months in the Durban Magistrate’s Court.
The charges against Gwabeni are two counts of murder, one of money laundering relating to money paid to his co-accused and the unlawful possession of a firearm used in the fatal shootings outside the now defunct Wish Restaurant on Florida Road, Durban, on February 10, 2023.
It is alleged that Gwabeni received R800 000 in payment for orchestrating the hit on the pretext that it was for consulting services. Gwabeni denied he received the money for the purposes of murder, as alleged by the State. The transfer of the funds was traced to businessman Mfundo Gcaba of the well-known Gcaba family, who distanced himself from the allegations and said he had paid for services rendered to the company belonging to the accused.
Magistrate Vincent Hlatshwayo eventually denied all five accused bail on May 15. Gwabeni’s legal representative, advocate Paul Jorgensen, presented heads of argument on behalf of his client at the proceedings where Hlatshwayo’s previous bail ruling was appealed. At the time, Hlatshwayo maintained that the accused had a case to answer and it would be reckless and irresponsible for bail to be granted.
It was stated that Hlatshwayo hadn’t considered whether there is or was a likelihood of his client evading trial, influencing or intimidating witnesses and placing his life in danger, and had also applied the wrong tests.
It was submitted that Hlatshwayo erred by drawing incorrect inferences when finding that cellphone data or tracking reports coupled with the investigating officer’s affidavit constituted overwhelming evidence that the appellant acted in common purpose with the other applicants.
Hlatshwayo was accused of allowing himself to be influenced by the presence of high-ranking officials and the media, which resulted in Gwabeni not enjoying a fair hearing.
Sunday Tribune