The defence in the murder case of rapper Kiernan “AKA” Forbes and his friend, celebrity chef Tebello “Tibz” Motsoane, says it will file an urgent application to have all seven accused transferred back to Westville Prison from Kokstad Maximum Correctional Centre.
Two of the seven accused, Malusi and Siyabonga Ndimande, appeared virtually in the Durban High Court on Friday, 9 January.
As previously reported, Lindokuhle Mkhwanazi, Lindani Ndimande, Siyanda Myeza, Mziwethemba Gwabeni, and Lindokuhle Ndimande face charges of conspiracy to commit murder, murder, unlawful possession of a firearm, unlawful possession of ammunition, five counts of attempted murder, and money laundering.
AKA MURDER-ACCUSED JOIN ‘CAT’ MATLALA IN C-MAX PRISON
The Ndimande brothers were extradited from Eswatini in November 2025 after abandoning a prolonged legal challenge against their extradition to South Africa. During their last court appearance in November, the defence requested information from the State relating to the extradition process. However, the court heard on Friday that this information remains outstanding.
During proceedings on Friday, defence counsel Advocate Cyril Mlotshwa raised concerns about the defence’s ability to consult with their clients following their transfer.
Instructing attorney for the Ndimande brothers, Sbusiso Dlamini, told the court that the defence was informed on 2 January that all seven accused had been moved from Westville Prison to Kokstad Maximum Correctional Centre, also known as oBhongweni.
Kokstad Maximum Correctional Centre is South Africa’s only super-maximum prison, housing the country’s most hardened offenders and operating under exceptionally stringent security measures.
Tenderpreneur Vusimuzi ‘Cat’ Matlala is currently held at the same correctional facility. Authorities moved Matlala on 21 December 2025 from the C-Max unit at Kgosi Mampuru II Correctional Centre in Pretoria.
DEFENCE TO FILE URGENT APPLICATION FOR ACCUSED TO RETURN TO DURBAN
Dlamini said neither the defence nor the AKA murder-accused were informed or consulted before the transfer.
“To date, we still do not have reasons for their transfer to oBhongweni. We have written to the regional correctional head requesting clarity on what informed this decision,” Dlamini said.
He added that the move has created serious challenges for the defence as the trial date approaches.
“There are multiple legal teams involved in this matter, and all counsel need to consult with all the accused. We have also been informed that consultations at oBhongweni are limited to 30 minutes per accused. This prejudices their constitutional right to a fair trial and adequate legal representation,” Dlamini explained.
He confirmed that the defence would proceed with an urgent application to have the accused returned to Westville Prison, despite an indication from the State that arrangements may be made to facilitate the transfer.
“We will wait for that process to unfold, but we will still be moving an urgent application,” he said.
The matter was postponed to 4 March to allow the defence time to consult with the accused and to resolve the issue of outstanding information requested from the State.
The murder trial is expected to start in July.
AKA and Tibz were gunned down outside a restaurant on Florida Road in Durban in February 2023.
