AKA and Tibz murder trial may be broadcast, but witness evidence cannot be published - IOL

The Durban High Court has allowed accredited media to attend and broadcast parts of the AKA and Tibz murder trial, but prohibited the publication of witness testimony and trial exhibits unless authorised by the court.

The Durban High Court has allowed accredited media to attend and broadcast parts of the AKA and Tibz murder trial, but prohibited the publication of witness testimony and trial exhibits unless authorised by the court.

Judge Nomfundo Sipunzi issued the directive on Monday after media organisations brought applications seeking permission to broadcast the long-awaited trial.

The seven accused — Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Gwabeni, Lindokuhle Mhlaliseni Mkhwanazi, and brothers Malusi Dave and Siyabonga Gezani Ndimande — are alleged to have been involved in the murders of Forbes and Motsoane, who were gunned down on Florida Road in Durban in February 2023.

Sipunzi, the presiding judge, said the court recognised the importance of freedom of expression and the principle of open justice, while also having to safeguard the accused’s constitutional right to a fair trial and protect witnesses who may be called to testify.

She ruled that accredited media houses and other media platforms may attend, observe, report on and broadcast the proceedings.

However, the identities of witnesses for both the State and defence may not be disclosed.

“Media representatives shall not publish or broadcast the evidence of witnesses while they are testifying, nor any exhibits admitted or tendered as part of the trial record, unless otherwise authorised by the Court,” Sipunzi said.

The media may report on and broadcast the accused’s pleas, the commencement and conclusion of the State and defence cases, arguments advanced by counsel, rulings and orders issued by the court, as well as the judgment.

Sipunzi also ruled that photographs of the courtroom may only be taken before the commencement of daily proceedings and after the court has adjourned.

“These directives may be amended, supplemented or varied by further order of the court should the interests of justice require,” she said.

Meanwhile, KwaZulu-Natal Deputy Director of Public Prosecutions Advocate Lawrence Gcaba is reading the charges to the accused, after which they are expected to indicate whether they plead guilty or not guilty.

All seven accused face 11 charges, including conspiracy to commit murder, two counts of murder, four counts of attempted murder, possession of a prohibited firearm, and unlawful possession of a firearm and ammunition.

Myeza faces a further six charges emanating from 2022 offences which include two counts of murder, conspiracy to commit murder, two counts of attempted murder and theft of a motor vehicle.

According to the State, the firearm allegedly used in the 2022 offences was also used in the murders and attempted murders relating to the Forbes and Motsoane case.