AKA-Tibz trial: What the media is allowed to report — and what is banned

Journalists covering the murder trial of rapper Kiernan “AKA” Forbes and chef Tebello “Tibz” Motsoane have been barred from naming any witness or reporting what witnesses tell the court.

Judge Sipunzi set out the restrictions in a directive on media coverage of the trial of seven men in the KwaZulu-Natal High Court in Durban.

“The court recognises the importance of the principles of freedom of expression and open justice, while at the same time safeguarding the constitutional right of the accused persons to a fair trial and protecting the interests of witnesses who may be called to testify,” Judge Sipunzi said in the directive.

“Having considered the submissions made by the parties, as well as the nature and circumstances of these proceedings, it has become necessary to issue directions regulating media coverage of the trial.”

The directive allowed the media to attend, observe, report on and broadcast the trial, but barred any coverage that disclosed the identities or personal particulars of witnesses called by the state or the defence.

Journalists may also not publish or broadcast the evidence of witnesses while they testify, or any exhibits handed in during the trial, unless the court authorises it.

The judge ruled that the media may report only on the plea, the opening and closing of the state and defence cases, arguments by counsel, the court’s rulings and orders, and the judgment.

Where audio-visual coverage is allowed, cameras and recording equipment must stay in one place and be positioned so that they do not disrupt proceedings or distract anyone in court.

Photographs of the courtroom may be taken only before proceedings start each day and after the court has adjourned.

The judge said the directive could be amended, added to or varied by further order of the court if the interests of justice required it.

Forbes and Motsoane were shot dead outside a restaurant on Florida Road, on the outskirts of the Durban city centre, on February 10 2023, the National Prosecuting Authority (NPA) said.

The accused are Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Harvey Gwabeni, Lindokuhle Lindo Ndimande and brothers Siyabonga Gezani Ndimande and Malusi Dave Ndimande.

The Ndimande brothers were extradited from Eswatini last year, NPA regional spokesperson Natasha Ramkisson-Kara said in June.

She said the men faced charges of conspiracy to commit murder, two counts of murder, multiple counts of attempted murder and firearm and ammunition offences.

All seven have remained in custody.

At the final pre-trial sitting on August 13, KZN Judge President Thoba Poyo-Dlwati set the first leg of the trial from Monday to November 6, excluding election day on November 4, with the second leg running from April 12 to May 14 2027.

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