The Durban High Court has severed the trial of six men accused of killing rapper Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane from a separate set of charges facing one of their co-accused. The ruling shapes how the high-profile murder case will move through the court’s calendar.
Judge Nomfundo Sipunzi granted the separation application on Tuesday afternoon, the second day of the trial. Under her order, Siyanda Eddie Myeza, accused number three, will face counts 12 to 17, arising from a May 2022 case in Mayville, in proceedings of his own. The remaining six accused will continue on counts one to 11 in the Forbes and Motsoane matter. The judge said her full reasons would be set out in the judgment to follow.
The application was brought by the first accused, Lindokuhle Thabani Mkhwanazi, on behalf of himself and five co-accused, with Myeza supporting the request. The defence argued that the six men should not have to remain tied to proceedings involving charges that applied only to Myeza. Mkhwanazi told the court that keeping the matters together could unnecessarily delay the trial and place an additional burden on the accused.
The state opposed the split. Prosecutors argued that the two dockets were connected through evidence, witnesses and firearms. Investigating officer Kumarasan Pillay testified that ballistic evidence linked a firearm allegedly used in the Forbes and Motsoane killings to the Mayville matter. Some witnesses, the state added, were expected to give evidence in both cases, a practical overlap that weighed in favour of a joint trial.
By contrast, the defence disputed the state’s challenge to the legal basis of the application. Prosecutors had argued that the defence relied on the wrong section of the Criminal Procedure Act. The defence countered that the court did have the power to separate the matters, and that keeping them joined could cause prejudice to the accused.
Myeza’s additional charges stem from a May 2022 shooting in Mayville in which the state alleges that Gift Khanyile was killed. The counts also include allegations that two other people were targeted, conspiracy to commit murder and the theft of a motor vehicle.
Sipunzi’s ruling means the Mayville charges will now be dealt with separately from the AKA and Tibz murder case, allowing the main trial to proceed without the additional counts attached to a single accused. What remains open is whether the ballistic link and the shared witnesses will resurface when Myeza’s own proceedings begin.