AKA, Tibz murder suspect to lay perjury charges against detective

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One of the accused in the Kiernan ‘AKA’ Forbes and Tebello ‘Tibz’ Motsoane murder case has told the Durban Magistrate’s Court that he intends to lay a charge of perjury against the investigating officer, Detective Bob Pillay.

Lindokuhle Mkhwanazi and his four co-accused are facing charges of murder, attempted murder, illegal possession of firearms and money laundering.

Five of the seven men accused of killing AKA and Tibz are applying for bail.

Mkhwanazi claims Pillay misled the court by falsely linking him to this case.

His lawyer, Advocate Simphiwe Mlotshwa says, “I request that this state makes an order that I be assisted either by SAPS or IPID to open a criminal case of perjury or defeating the ends of justice for full scale investigating to be conducted. After careful analysis of this case, the investigating officer says he has a full case against me. He alleges that there is a strong case against me, no evidence and says the same against the others.”

The Court had previously ruled that it would not allow the defence to submit any documents meant for Eswatini, where a further two suspects are awaiting extradition to be used as evidence in this bail application.

Siyabonga and Malusi Ndimande are due to appear in the Manzini Magistrate’s Court in Eswatini on Monday.

The affidavit in question is said to have been compiled by KwaZulu-Natal Director of Public Prosecutions, Elaine Harrison, requesting the arrest of the two suspects in Eswatini, who are yet to be extradited.

Advocate Simphiwe Mlotshwa, representing two of the five accused, argued that part of the content of that affidavit, speaks to evidence that bears reference to his clients.

“I will talk about the accused one and five they also feature in that request. That request is in the public space because it is in the digital space where there are comments. We are saying one of the grounds it is relevant to these proceedings, let it not be rejected because it is already available in the electronic space.”

State prosecutor, Advocate Lawrence Gcaba, asked the court to reject the request by the defence, stating that a ruling has already been made on it.

Magistrate Vincent Hlatshwayo, however, ruled in favour of the defence.

“The main factor here is that the applicants should reply to the allegations made against them in whatever way, so as to show what they are alleging is against them to show if the State’s case is weak or non-existent. However, that does not take away my concern that the affidavit is not a complete picture of what transpired in Eswatini court. For that reason, I will provisionally allow the affidavit and will make a final ruling in the main judgement.”

The court also heard responding affidavits from Eddie Myeza and Lindokuhle Ndimande who also denied any involvement in the crimes.

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