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Clarity Sought as Businessman's Name Emerges in AKA Murder Case Bail Hearing

Published April 02, 2024
2 months ago

The mention of businessman Mfundo Gcaba's name during the bail application hearing for those accused in the murder case of renowned musician Kiernan “AKA” Forbes has sparked legal inquiry and debate. Legal experts have clarified that this reference does not indicate Gcaba's involvement in the murder, despite the probing affidavit presented by investigating officer Kumarasan Pillay. According to Pillay's statement, a significant sum of over R800,000 was deposited into the account of accused Mziwethemba Gwabeni following a phone conversation with Gcaba, which occurred just a day after the deaths of AKA and Tebello “Tibz” Motsoane.

In a swift response to the swirls of speculation, the Gcaba family has asserted through a statement that the financial exchange was entirely business-related. As the five individuals stand accused of the murder and are currently seeking bail, claiming their intention to plead not guilty, the mystery of the sum remains a point of contention and curiosity.

Abigail Ngobeni, a seasoned legal expert, has highlighted that while Gcaba has not been charged with any crime, the state has the burden of proving any potential involvement in the matter. The implication of the shared R800,000 among the murder suspects is a thread the state appears to be cautiously tugging on, as it is not beyond the realm of possibility that doing so without substantial evidence may lead to litigation against them.

Furthering Ngobeni's argument, Mpumelelo Zikalala, another legal expert, addressed the legality of mentioning Gcaba's name in the affidavit, pointing out that the state is acting within its rights to investigate and that mere mention does not equate to an accusation of involvement in the murder. The focus for now is on determining the nature of the transaction between Gwabeni and Gcaba.

Adding to the legal voices, Vuyo Manisi shed light on precedents where individuals not immediately charged have been named in related cases, referencing the notable Shabir Shaik trial and Jacob Zuma's eventual involvement.

Mandla Gcaba, on behalf of the family, has confirmed the legitimacy and seriousness with which they regard the situation, emphasizing Mfundo Gcaba's lawful business endeavors and distancing him from any illicit actions. Despite this assertion of innocence, they have also expressed concern over what they believe to be a one-sided narrative, as authorities have not yet given Gcaba the chance to present his account.

With the legal procession underway, South African society watches keenly as the courtroom unfolds the story behind the money transfer, the potential implications for Gcaba, and the quest for justice in the untimely demise of AKA and Tibz.

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