The murders of Kiernan “AKA” Forbes and his friend, Chef Tebello “Tibz” Motsoane, outside Wish on Florida in February last year have been the subject of a high-profile investigation. The detective in charge of the case, W/O Kumarasan Pillay, has alleged that the source of an R800,000 payoff was Durban businessman Sydney Mfunda Gcaba.
In an affidavit read out in the Durban Magistrate’s Court by prosecutor Advocate Elvis Gcweka, Pillay made the allegation.
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The accused, Lindani Ndimande, Lindokuhle Ndimande, Siyanda Myeza, Mziwethemba Gwabeni, and Lindokuhle Mkhwanazi, face multiple charges, including murder, attempted murder, conspiracy to commit murder, and possession of unlawful firearms and ammunition.
Pillay’s affidavit detailed the alleged money trail that implicates Gwabeni. According to Pillay, Gwabeni’s bank records show that he received R803,455 a day after the murder. Pillay also pointed out that Gwabeni made a call to a number linked to Gcaba, and shortly after, the same amount was transferred to Gwabeni’s bank account.
The bank statements, attached to Pillay’s affidavit, indicate that the money was transferred from a bank account belonging to the company Bright Circle, of which Gcaba is the sole director. Pillay suggests that the reference used for the transfer, ‘consult’, was used to disguise the nature of the funds as payment for the shooting.
Pillay further revealed that Gwabeni used the reference ‘dividends’ when transferring money to the other accused individuals and the two brothers in Eswatini. However, company records do not show that any of the co-accused were shareholders in Gwabeni’s companies, making them ineligible for dividends.
On the same day at about 6.30pm, Gwabeni transferred R665,000 to the other accused and the two brothers in Eswatini — but excluding Myeza. He said the following amounts were transferred:
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- R133,000 to Lindokuhle Ndimande’s Standard Bank account;
- R133,000 to Malusi Ndimande’s Capitec account;
- R100,000 to Lindani Ndimande’s FNB account and R33,000 into his Capitec account;
- R100,000 to Mkhwanazi’s Standard Bank account and R33,000 to his spouse Hlengiwe Princess Mkhwanazi’s Capitec account; and
- R33,000 to Siyabonga Gezani Ndimande’s Capitec account and R100,000 to an Absa account.
He said the remaining R138,455 was retained by Gwabeni.
The state believes that this reference was used to hide the nature and source of the funds, leading to charges of money laundering. Additional transfers made by Gwabeni on the same day included R96,000 to St. Benedict School in Pinetown, where one of his children is a pupil.
Pillay concludes his affidavit by stating that the state has a prima facie case against Gwabeni and argues that there are no exceptional circumstances warranting his release on bail. The bail applications for the accused have already been heard, with all of them pleading not guilty.
Two other accused individuals, Siyabonga Gezani Ndimande and Malusi Dave Ndimande, who were arrested in Eswatini, are currently being extradited to South Africa to face charges related to the murders.
The case is ongoing, and further investigations are being conducted to determine the source of the funds and any other funds that may have been used in the planning and execution of the offences.
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