The Durban High Court has granted an application to separate the trial of Siyanda Eddie Myeza from the main case involving the alleged murders of rapper Kiernan “AKA” Forbes and businessman Tebello “Tibz” Motsoane.
Judge Nomfundo Sipunzi granted the application on Tuesday, allowing Myeza’s additional charges stemming from a May 2022 murder case to be heard separately from the charges relating to the February 2023 killings of Forbes and Motsoane.
The ruling came on the second day of the long-awaited trial, which is being heard in the Durban High Court.
Six of the seven accused had sought the separation, with accused number one, Lindokuhle Mkhwanazi, bringing the application on behalf of himself and five co-accused.
Myeza, accused number three, is the only one facing additional charges linked to the May 2022 murder of Gift Khanyile in Mayville, as well as two counts of attempted murder, conspiracy to commit murder and theft of a motor vehicle.
The State had consolidated the two matters, arguing that there was a link in the evidence.
According to the State, investigating officer Kumarasan Pillay said the same firearm was allegedly used in both the February 2023 killings and the May 2022 shooting.
However, the defence argued that keeping the matters together would unnecessarily delay the proceedings and prejudice the other accused.
Mkhwanazi’s affidavit, read in court by his advocate Simphiwe Mlotshwa, argued that the accused had already spent a lengthy period in custody and that the additional charges against Myeza should not delay the main trial.
Myeza also supported the application, arguing that there was no reason for his co-accused to remain involved in proceedings concerning charges that did not relate to them.
The State opposed the separation, arguing that splitting the matters could result in further delays, increased costs and inconvenience for witnesses.
Despite the State’s opposition, Judge Sipunzi ruled in favour of the application.
Myeza will now stand trial separately on counts 12 to 17, relating to the May 2022 incident, while accused numbers 1, 2, 4, 5, 6 and 7 will face counts 1 to 11 relating to the AKA and Tibz case. The court said reasons for the ruling would be provided in the full judgment.
The separation does not affect the main murder case against the seven accused in relation to Forbes and Motsoane.
All seven men pleaded not guilty when the trial formally got underway on Monday.
They face charges including murder, attempted murder, conspiracy to commit murder and unlawful possession of firearms and ammunition.
Forbes, popularly known as AKA, and Motsoane were shot dead outside a restaurant on Durban’s Florida Road on 10 February 2023.
The prosecution alleges that the killings formed part of a planned attack. Police investigations have previously suggested that Forbes was the intended target, with Motsoane allegedly caught up in the attack.
The seven accused are Lindokuhle Mkhwanazi, Lindani Ndimane, Siyanda Myeza, Mziwethemba Gwabeni, Lindokuhle Ndimande, Malusi Ndimande and Siyabonga Ndimande.
The trial follows lengthy legal proceedings, including the extradition of brothers Malusi and Siyabonga Ndimande from Eswatini after they were arrested there.
The proceedings were also briefly disrupted on Tuesday after a security breach. A phone was reportedly handed to one of the accused while they were in court. It was not immediately clear which accused received the phone or who handed it to him.
The incident led to the proceedings being adjourned early.
The court is expected to continue hearing the main case against the six accused, while Myeza’s separate proceedings will deal with the additional charges arising from the 2022 incident.
The trial has been allocated until 6 November, with the court having set aside about a month for the proceedings.
All seven accused remain presumed innocent unless and until the State proves its case beyond reasonable doubt.
