Mziwethemba Gwabeni, who is one of the seven accused in the murder trial of rapper Kiernan “AKA” Forbes and businessman Tebello “Tibz” Motsoane, has admitted owning a grey BMW allegedly used to track Forbes and his crew before his murder in Durban in February 2023.
The state alleges the vehicle followed Forbes and his entourage from King Shaka International Airport to Florida Road, where the two men were killed.
A mechanic who testified in court says Gwabeni later asked him to sell the car because repairs had become too expensive.
He told the court that the vehicle’s new owner was subsequently stopped by police, who allegedly said it had been stolen.
The mechanic says he was later summoned to Isipingo police station to explain how he had obtained the vehicle.
Gwabeni, through his lawyer, told the court that the BMW was one of several vehicles he owned.
The state alleges that video footage shows accused number one, Mziwethemba Gwabeni, dubbed the alleged mastermind, following AKA and his crew from King Shaka International Airport to their Umhlanga hotel.
The court heard that they later followed the crew to Florida Road, where AKA and Tibz were murdered.
Gwabeni’s lawyer, Advocate Simphiwe Mlotshwa, told the court the vehicle in question is not his client’s primary car and is sometimes used by his staff.
An event coordinator, Simphiwe Ngidi who drove Forbes and his crew on the day of the murders, recounted the moments surrounding the fatal shooting.
Ngidi also testified that AKA’s bodyguard was with the group, but not beside the rapper when the shooting occurred.
State Prosector Elvis Gcweka led evidence in court, “Motsoane known as Tibz joined at the restaurant. He was at the restaurant and his girlfriend was preparing to join. What stage did he join you. You remember you tell us there was a time where he got inside and you and AKA went up to the salon and after that he eventually joined the others, when did Tibz join you?”
Another state witness who took the stand, Tsidiso Mokoko who identified himself as Forbes’ DJ, told the court that he heard loud bangs and feared for his life before running back into the restaurant for cover.
Mokoko said he was walking ahead of Forbes and Motsoane as they left the restaurant when he noticed two vehicles blocking their car.
He added that he could also have been hit by the gunfire had he been closer to Forbes and Motsoane when the shooting erupted.
“I recall seeing sparks on the corner of my left eye facing the restaurant. When I was facing the restaurant, I heard the loud bangs coming. I heard a loud bang and flashes of sparks on the corner of my left eye. This is what I saw. I wasn’t too sure where exactly it was coming from. It was close. I don’t think it was far. It was quite close. Because I wasn’t too sure what was happening, I thought someone had lit fireworks right in front of us there. That was the first thing that I thought. I was scared.”
Both the state and defence questioned the two eyewitnesses about the whereabouts of Forbes’ bodyguard during the moment when shots where fired.
State Prosecutor Elvis Gcweka posed the question to Mokoko.
“After we ran inside, I saw Tibz laying on the floor and he was bleeding profusely. And I only then realized that something bad might have happened. Shortly after that, me and Sia tried to contact emergency and the police. I had not seen the bodyguard since the incident. I did not see him.”
Legal analyst Abigail Ngobene, who attended the proceedings, has been analysing the evidence presented in the Durban High Court.
Speaking to the media outside court, Ngobeni says the vehicle in question, which was also mentioned during the bail application, is significant to the State’s case.
“I think for me what stood out is the issue of the vehicle, the BMW that have been said to belonging to the gentleman that have always been referred to as the mastermind. And I think the approach of the state here, having heard them during the bail application proceedings, they attested to the fact that they have in their position video footages that shows how the gentleman who was accused number four may have followed the deceased from King Shaka International Airport. But we are yet to hear during the trial on whether the state will successfully connect the dots.”
