State details evidence against AKA murder accused

AKA murder accused Mziwethemba Harvey Gwabeni is alleged by the State to have been driving the grey BMW that tailed the rapper from the King Shaka Airport upon his arrival in Durban to the hotel he was staying in.

AKA murder accused Mziwethemba Harvey Gwabeni is alleged by the State to have been driving the grey BMW that tailed the rapper from the King Shaka Airport upon his arrival in Durban to the hotel he was staying in.

Published Mar 27, 2024

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Durban — It was the first time that AKA murder accused, Mziwethemba Harvey Gwabeni, had received a large sum of money from the company that he had claimed paid him R803 000 for services rendered.

On Wednesday the State revealed in the Durban Magistrate’s Court that there was no evidence of services rendered to the company Bright Circle, which paid the sum of money into Gwabeni’s FNB account, a day after the murder of South African rapper Kiernan “AKA” Forbes and his friend Tebello “Tibz” Motsoane.

Gwabeni and his co-accused Lindokuhle Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 21, and Lindokuhle Lindo Ndimande, 29, face 12 charges. These include two murders, conspiracy to commit murder, unlawful possession of firearms and ammunition, five attempted murders, and money laundering. All are applying for bail.

AKA was brazenly gunned down last year along with Motsoane in front of the Wish restaurant on Durban’s Florida Road.

Senior State advocate Elvis Gcweka read out the affidavit of the investigating officer, Warrant Officer Kumarasan Pillay, detailing the evidence the State has against the accused.

“From the evidence it was established from Gwabeni’s bank records that on February 11 at 2pm, he got R803 000. Cellphone records show prior to the money being deposited the accused made a call to a number linked to Sydney Mfunda Gcaba; then the money was transferred to his account,” read Gweka.

According to the officer’s affidavit, Gcaba is the sole director of Bright Circle. The reference “consult” was used in the deposit -- something which the State believes was done to throw off the fact that the said money was allegedly for AKA’s murder.

This was the first large amount transferred by this company to Gwabeni’s FNB business account, he testified, adding that there is no evidence of services rendered by his company to Bright Circle.

“When the applicant (Gwabeni) transferred the money to the other four accused, including two others in eSwatini, he used the reference ”dividend“. This, when none of the accused are shareholders in any of his companies. This reference was used to disguise the money laundering,” read Gcweka.

Gwabeni is placed via cellphone records, at the King Shaka Airport in his grey BMW at the time AKA arrived at the airport.

“There are witness statements implicating him of being in possession of this car. He paid for parking at the airport around the time AKA was there, using a virtual card. Footage shows the car at the hotel at the time of arrival of AKA there,” read Gcweka.

Pillay, in his affidavit, indicated that the State had statements from witnesses implicating the accused in relation to each of their roles in the murder.

Myeza is alleged to have supplied the guns used in the commission of the murders as well as the getaway car.

Cellphone records obtained through the investigation also place the accused at the rendezvous where the gun and getaway car were handed back after the rapper’s killing.

“Cellphone records place Lindokuhle Thabani Mkhwanazi at the scene of the shooting. There is evidence that he gave instructions on how the firearms should be dealt with after the murder as well as the getaway car when they were returned.

“Cellphone records placed him in Jacobs (the rendezvous) when the getaway car was collected,” read Gcweka.

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