An amount of R800 000 was reportedly paid and shared among the alleged killers of rapper Kiernan Jarred Forbes popularly known as ‘AKA’.
South Africa: AKA and his friend Tebello ‘Tibz’ Motsoane were gunned down in February last year on Florida Road in Durban.
The rapper was standing outside the WISH Restaurant when a gunman walked up to him and shot him in the head.
The rapper died instantly, the accused persons from Durban, Siyabonga Gezani Ndimande (Nxele) and Malusi Dave Ndimande (Mjay) were arrested by members of the Royal Eswatini Police Service (REPS), while hiding in a flat they rented at Zone 4 in Mbabane.
From the sum of E800 000, the Ndimande brothers are alleged to have received R133 000, as their share. Besides the charge of the alleged murder of the rapper, they are also facing two other charges, where they are alleged to have ended the lives of two South African businessmen.
Brothers
The Ndimande brothers, who are aged 28 and 29 respectively, made their maiden court appearance before Manzini Principal Magistrate David Khumalo yesterday.
They were remanded in custody pending the formal application for their extradition to their home country.
The details on how they allegedly committed the crime and how much they were purportedly paid, are contained in an application for provisional arrest filed by Elaine Harrison, who is the Director of Public Prosecutions (DPP) based at the KwaZulu-Natal Division of the High Court.
According to the charge sheet, the first count against the suspects was that of the murder of Forbes. They are also facing charges of conspiracy to murder, unlawful possession of firearms and ammunition, and money laundering.
The DPP narrated to the court that in February 2023, Forbes (first deceased), a prominent South African musician, was hired by Philani Kweyama to perform at a club called Hugo in Durban, KwaZulu-Natal.
Entourage
She submitted that on February 10, 2023, Forbes arrived in Durban via King Shaka International Airport. She pointed out that Forbes was travelling with his entourage, which consisted of his disk jockey (DJ), bodyguard, manager, and photographer.
She said they (Forbes and his entourage) were picked up at the airport and taken to Hilton Hotel, Umhlanga, Durban. “The Forbes entourage was followed by a grey BMW from King Shaka Airport to the Hilton Hotel.
While the first deceased and his entourage were at the hotel, a grey Polo with registration NUR 597728 was spotted as having passed the hotel. It was later established that, this grey Polo was a’spotter vehicle’ used by the assailants,” submitted the DPP (Harrison). She alleged that upon further investigation of cellphone records, it was established that an individual by the name of Mziwethemba Harvey Gwabeni was present in the grey BMW that had followed Forbes and his entourage to the hotel.
According to Harrison, it was also established that Gwabeni had allegedly hired the grey Polo that was used as a’spotter vehicle’.
The DPP stated that cell phone records also placed Siyabonga and Lindokuhle in the vicinity of the Hilton Hotel.
She alleged that at approximately 5:30pm, Forbes and his entourage were transported to WISH Restaurant, situated at 198 Florida Road, Morningside Durban. Harrison submitted that when they (Forbes and his entourage) arrived at the restaurant, Forbes was met by Kweyama, the owner of WISH Restaurant. Kweyama, according to the DPP, invited Forbes to have a haircut at his salon which was based inside WISH Restaurant.
She stated that Forbes proceeded to the salon while his entourage sat at the bar area. She highlighted that after the haircut, Forbes joined his entourage for a meal and drinks, and they were seated inside the restaurant. Harrison went on to submit that while having supper, Forbes was joined by Tabello Motsoane (second deceased). She brought it to the court’s attention that the second deceased knew Forbes well, as he was his (Forbes) previous manager.
“It was established that a ‘spotter’ had been positioned inside the restaurant, watching Forbes. A subpoena in terms of Section 205 of the Criminal Procedure Act, 51 of 1977 was obtained for the ‘spotter’. The information received from Standard Bank upon the Section 205 subpoena established that the Standard Bank card belonged to Lindokuhle Mhlaliseni Ndimande and that the said account was opened on the morning of the incident by Lindokuhle,” submitted the DPP. Harrison averred that a video footage outside the WISH Restaurant revealed that the grey Polo stopped outside the restaurant while Forbes was inside the restaurant. She alleged that the clothing of the person who alighted from the vehicle and entered the restaurant was the same as seen in the video footage as being the African male that was later identified as Lindokuhle Mhaliseni Ndimande. She pointed out that the tracking report on the grey Polo placed the vehicle in the vicinity of Hilton Hotel and later at the WISH Restaurant. According to the DPP, sometime later, a white Mercedes-Benz C200 was also spotted passing the restaurant.
Restaurant
She stated that after the Mercedes-Benz passed the restaurant, it came to a stationary position approximately 100 metres from the restaurant. “At approximately 10:10pm, the first deceased (Forbes) and his entourage, accompanied by the second deceased (Motsoane), exit the restaurant through a passageway leading onto the pavement of Florida Road. The first deceased is seen on video talking to the second deceased and hugging him. A suspect wearing a cap is seen crossing Florida Road and approaching the first deceased from behind,” submitted Harrison. She mentioned that at the same time, another suspect, wearing dark clothing and a cap, is also seen crossing over Florida Road and positioning himself between the two vehicles. Harrison said the first suspect (Siyabonga) was further observed armed with a firearm approaching Forbes and shooting him in the head.
She alleged that the second suspect (Lindokuhle) maintained his position and simultaneously fired shots in the direction of both the deceased (Forbes and Motsoane). The DPP said Forbes fell to the ground and Motsoane ran into the passageway and fell. “Both suspects are observed fleeing the scene, by crossing Florida Road and towards the direction of the white Mercedes-Benz. The suspects jumped into the Mercedes-Benz and left at a high speed,” submitted Harrison. She stated that investigations were immediately conducted at the scene after the murder of Forbes and Motsoane, and it was established that they died at the scene. “Two spent 9mm nickel cartridges were found close to the body of the first deceased. Four spent 9mm cartridges cases were found in the vicinity of where the second suspect had positioned himself. Video footage from inside and outside the restaurant was secured. Postmorterms were conducted on both the deceased and the cause of death was consistent with gunshots wounds,” she argued.
Investigating
The DPP stated that the investigating officer traced the Mercedes-Benz and was informed that it was used in the commission of a murder and attempted murder and was recovered near Cato Crest informal settlement. She mentioned that, it was believed that the Mercedes-Benz was the same vehicle that was used as a gateway vehicle in the commission of the murders of Forbes and Motsoane outside WISH Restaurant in Florida Road.
She said this was determined by the investigations conducted by the investigating officer. “Upon investigations carried out at the scene where the Mercedes-Benz was abandoned, it was established that there had been attempts to set the vehicle on fire by one of the suspects.” submitted the DPP. He alleged that, one of the suspects also purchased airtime from a tuck shop situated a few metres away from where the vehicle was abandoned. Harrison went on to state that, investigations revealed that Siphamandla Ngcobo was identified as the person who recharged his phone with the airtime purchased from the tuck shop. She said Siphamandla was arrested on March 29, 2023 and charged with robbery, with aggravating circumstances.
Records
“Cellular phone records were obtained for Siphamandla Ngcobo and compared with cellular phone records at the scene of the murders on the night in question. It was established that Ngcobo had communicated with Gwabeni, Lindani Zenzele Ndimande. Lindani’s cellular phone records were obtained and he was also placed in the vicinity of the Florida Road where the murders had taken place,” the DPP argued. She brought it to the court’s attention that at the time of committing the offence, the suspects were residing at Flat 604; Cappella Flats in Malusi, South Beach, Durban, KwaZulu-Natal. She informed the court that the accused were suspects in two charges of murder and warrants of their arrests in both matters were authorised by a magistrate in the District of eThekwini. The DPP brought it to the court’s attention that the basis of the authorisation of the warrants of arrest was that the whereabouts of the duo was unknown and they were traced to the Kingdom of Eswatini. The suspects are expected to again appear at the Manzini Magistrates Court on Tuesday. The Crown was represented by Principal Crown Counsel Macebo Nxumalo while for the suspects is Sive Ngwenya.