The family of Nomfundo Gcaba, who is prominent in the taxi industry in KwaZulu-Natal, has denied any involvement in the murder of rapper Kiernan ‘AKA’ Forbes and his friend Tebello ‘Tibz’ Motsoane.
This is contained in a media statement that has been submitted in the Durban Magistrate’s Court as evidence.
Five of the seven accused applied for bail. Two other men who were arrested in eSwatini are yet to be extradited.
The investigating officer previously said in a sworn affidavit that the R800 000 payment for the hit came from one of Gcaba’s companies.
Representing accused Mziwethemba Gwabeni, Advocate Paul Jorgenson, read the statement out to the court.
“We are concerned that the authorities have not yet approached Nomfundo to share his side of the story. We believe in the principle of fairness and the right to be heard and we urge that this opportunity be extended to him at the earliest convenience. It is crucial to understand that Nomfundo has assured the family that he has no connections to any illegal activities, nor does he have any motives to engage in such. His business dealings are legitimate and transparent and have nothing to hide, least of all to our law enforcement.”
The Gcaba family says that Mfundo Gcaba has had legitimate business dealings with Gwabeni for quite some time, a fact which Gwabeni says can be confirmed by looking at his bank statements. Both men have coal mining and taxi businesses.
Through Advocate Jorgenson, Gwabeni has challenged the police to arrest Mfundo Gcaba if they have evidence to back up their claims.
“The allegation made is defamatory against me, and more importantly Mfundo Gcaba. As a consequence, thereof, the SAPS either needs to retract or provide the evidence by arresting Gcaba. The failure to do so can only but mean that they accept that the monies paid into my account were not for the purposes of a hit but was a legitimate payment for the work done.”
Gwabeni accuses the investigating officer, Bob Pillay, of misleading the court by joining bits and pieces of evidence together to support his own theories.
Jorgenson also told the court that Gwabeni is denying Pillay’s suggestion that he and the other accused are part of a gang which performs contract killings.
“Yet another example of the vagueness and smoke and mirrors the state has brought to this investigation and this application, is the following statement on the part of Pillay: ‘There is an element of evidence suggesting offences committed under gang-related activities. The state is collecting evidence to substantiate these charges. It does not explain what an element of evidence is that suggest offences but simply states the state is collecting evidence to substantiate these charges. The inference to be drawn is that this is yet another theory lacking in evidence,’” said Jorgenson.
The bail application has been adjourned to the 2 May for closing arguments.
