The Ndimande Brothers to Ditch Bail: In a stunning legal reversal, two men at the centre of one of South Africa’s most high-profile murder cases have made a decision that left prosecutors, the media, and the public stunned. The Ndimande brothers ditch bail application in the Durban Magistrate’s Court on Friday, April 10, 2026, choosing instead to remain behind bars and focus entirely on preparing for what promises to be a blockbuster trial.
Siyabonga Gezani Ndimande and Malusi Dave Ndimande—the KwaZulu-Natal siblings linked to the brutal 2023 murders of rapper Kiernan “AKA” Forbes and celebrity chef Tebello “Tibz” Motsoane—walked into Court 12 expecting to fight for their freedom. Instead, they walked out having surrendered it.
But why? And what does this dramatic about-face mean for the long-awaited trial?
Let me break down everything you need to know about this shocking twist in the AKA murder saga.
Silent Surrender: Inside the Shocking U-Turn as the Ndimande Brothers Ditch Bail
The courtroom was packed. Cameras were rolling. Everyone expected a fierce legal battle over bail. Instead, they got silence.
When the matter was called, the brothers’ attorney, Sibusiso Dlamini, approached the bench and delivered a bombshell. “The record will reflect that on the last occasion the accused had intended to apply for bail,” Dlamini told Magistrate Ashwin Singh. “I have since received instructions that they are now abandoning their bail.”
Magistrate Singh confirmed the decision directly with the brothers, who nodded in agreement. The bail application they had been expected to pursue was simply—and suddenly—off the table.
A Calm and Calculated Courtroom Appearance
What made the scene even more surreal was the brothers’ demeanour. Throughout the proceedings, Siyabonga and Malusi appeared remarkably calm. They chatted quietly among themselves in the dock, showed no visible signs of distress, and seemed almost unfazed by the gravity of their decision.
This was not the behaviour of men desperate to get out of prison. It was the behaviour of men who had made a calculated choice.
Strengthening the Defence Team
Behind the scenes, however, something significant was happening. The Ndimande brothers ditch bail decision came alongside a noticeable bolstering of their legal firepower.
While Simphiwe Mlotshwa remains their advocate and Sibusiso Dlamini continues as their instructing attorney, a new face has joined the ranks. Advocate Bonga Zulu was seen in court checking on the siblings, signaling a tightening of the defence team as the case prepares to transition to the High Court.
This isn’t just a retreat; it’s a regrouping.
Why Did They Do It? Unpacking the Strategy Behind the Bail Surrender
The obvious question on everyone’s mind is: why would anyone choose to stay in jail?
The Ndimande brothers ditch bail application is almost certainly a strategic legal move rather than an admission of defeat. By abandoning bail, they bypass the risk of the State presenting damaging evidence in a public bail hearing—evidence that could be used against them at trial.
Possible reasons for the decision:
- Avoiding a weak bail argument: The State had already indicated it would oppose bail fiercely, citing the severity of the charges and the brothers’ flight risk.
- Shifting focus to the trial: With bail off the table, the defence can concentrate entirely on preparing for the substantive case.
- Controlling the narrative: A bail denial would have been a public defeat. Abandoning the application allows the brothers to frame the decision as their own choice.
For now, Malusi and Siyabonga Ndimande remain in custody. With bail no longer on the table, the focus shifts entirely to the upcoming High Court appearance, where the full weight of the State’s evidence will finally be tested.
The Road from Eswatini
The Ndimande brothers ditch bail decision is just the latest chapter in a long and legally fraught journey.
Following the assassination of AKA and Tibz on Florida Road in February 2023, the brothers fled to neighbouring Eswatini. Their time in the kingdom was marked by a tense, year-long legal battle against extradition. While hiding out in a rented flat in Mbabane, the brothers claimed they feared for their lives, alleging that South African police were “trigger-happy” and that they would not receive a fair trial.
During the 2024 proceedings in the Manzini Magistrates Court, Eswatini prosecutors argued successfully that the brothers were flight risks with no legitimate reason to remain in the country other than to evade justice. Their eventual return to South Africa in November 2025 marked a significant breakthrough for the South African Police Service.
Consolidation and Countdown: The Road to the High Court
The Ndimande brothers ditch bail decision also paves the way for a major procedural development: the consolidation of their case with that of their five co-accused.
Senior State prosecutor Advocate Elvis Gcweka requested that the matter be postponed to April 17, 2026. This delay is intended to allow the State to serve the brothers with formal indictments, which will effectively merge their case with those of their co-accused: Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Gwabeni, and Lindokuhle Lindo Ndimande.
Seven Suspects, One Trial
The consolidation of these cases means all seven suspects will eventually stand trial together in the Durban High Court. This move is expected to streamline the presentation of evidence regarding the alleged “hit”, which investigators believe was a coordinated assassination involving spotters, shooters, and a mastermind who coordinated the logistics.
The trial is expected to get underway in July 2026. The court has previously heard that the State intends to call 45 witnesses to testify in the matter.
The R800,000 Question
One of the most explosive allegations in the case involves money. Detectives believe the suspects conspired and carried out a meticulous plan to assassinate AKA, sharing an R800,000 payout for his murder.
According to investigators, the alleged mastermind, Mziwethemba Gwabeni, received around R800,000 through his business account a day after the murders. It is alleged that Gwabeni then shared the money with his co-accused.
Gwabeni has previously disputed this, claiming the money he received was for legitimate business work, and that the accused were paid for their work as security guards.
Beyond AKA: The Broader Criminal Web
The Ndimande brothers’ bail decision is not just about one case. The siblings face a staggering array of charges across multiple incidents.
24 Charges and Counting
In total, the Ndimande brothers are facing 24 charges, including:
- Conspiracy to commit murder
- Murder (multiple counts)
- Attempted murder
- Unlawful possession of automatic firearms and ammunition
The Amanzimtoti Taxi Boss Murder
The brothers have also been linked to the November 2022 murder of a 57-year-old taxi owner at Seadoone Mall in Amanzimtoti. The victim was gunned down in broad daylight as he finished loading groceries into his car. In a video that circulated widely on social media, two gunmen could be seen taking turns shooting him even as he had fallen to the ground. His teenage son, who was in the car, was unharmed.
KZN police commissioner Lieutenant General Nhlanhla Mkhwanazi confirmed that forensic testing had shown the firearm recovered during the AKA investigation was also used to kill the taxi owner.
Three Separate Cases
The brothers have been formally charged in three separate cases:
- The 2022 Amanzimtoti taxi owner murder
- The 2023 murders of AKA and Tibz
- An additional murder case involving William Kunene in 2022
What Happens Next?
With the Ndimande brothers ditch bail decision now official, the legal clock is ticking toward the main event.
| Date | Event |
|---|---|
| April 17, 2026 | Next court appearance (service of indictments) |
| July 2026 | Expected start of High Court trial |
| TBD | Trial duration (expected to be lengthy) |
The brothers are currently held at the Ebongweni Super Maximum Correctional Facility in Kokstad, where they were transferred in January due to security concerns. This is the same facility that holds some of South Africa’s most dangerous criminals, underscoring the severity of the charges against them.
Final Thoughts: Justice on the Horizon
The decision of the Ndimande brothers ditch bail is not an end—it’s a beginning. By choosing to remain in custody, they have effectively waived their right to fight for freedom in the short term, presumably to mount a stronger defence when it truly matters: at trial.
For the families of AKA and Tibz, who have waited more than three years for justice, the countdown has begun. The State has assembled 45 witnesses. The defence has bolstered its legal team. And seven accused individuals now face a consolidated trial that will capture the nation’s attention.
The road from Florida Road to the High Court has been long and winding. But with the Ndimande brothers ditch bail and the trial set for July, the finish line is finally in sight.
Up next: The brothers return to court on April 17. Justice is coming.
