The AKA murder accused whom the State alleges received R800,000 for the hit, questioned in his replying affidavit why the person who transferred the money into his account had not been arrested if the State had evidence that indeed the money was for killing the rapper.
DURBAN – An accused in the murder of South African rapper Kiernan “AKA“ Forbes and his friend Tebello ”Tibz” Motsoane has questioned why the State has not arrested the claimed money source for the alleged hit.
In his replying affidavit in his bail application in the Durban Magistrate’s Court, Mziwethemba Harvey Gwabeni said that if the State alleged that R803,455 paid into his business account was for a hit on AKA, it should act on this evidence.
It is alleged by the State that Gwabs Miningi, owned by Gwabeni, received the money under the pretext that it was for consulting services when in fact it had been for AKA’s murder.
In the course of the bail application, the State revealed that its investigations showed that the money was paid by a company, Bright Circle, into Gwabeni’s FNB account a day after the murder; investigations had uncovered that Mfunda Gcaba was the sole director of Bright Circle; and cellphone records showed that before the money was deposited, Gwabeni made a call to a number linked to Gcaba.
“If the State honestly believes this and if it had any evidence, not conjecture, then I would have expected that Mfunda Gcaba would have been arrested and would have been a co-accused. The fact of the matter is that he is not a co-accused and the State has not taken this court into its confidence and disclosed why they have chosen not to arrest him.
“I believe that the question this honourable court should be asking is why exactly has the State failed to arrest Mfunda Gcaba? I submit the answer to the said question is because there is no evidence against him save for the payment of R800,000 into my account for services that I rendered to him,” Gwabeni said in his replying affidavit, read out in court by his counsel, advocate Paul Jorgenson.
Gwabeni’s co-accused are Lindokuhle Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 21, and Lindokuhle Lindo Ndimande, 29.
They face 12 counts including two counts of murder, conspiracy to commit murder, unlawful possession of firearms and ammunition, five counts of attempted murder and money laundering.
AKA was gunned down with his friend Motsoane on Durban’s Florida Road last year.
The bail application continues for argument and address on May 2.
