Kiernan ‘AKA’ Forbes during the Heart FM Cape Town Music Festival at PPC Newlands in Cape Town on 10 February 2018. Picture: Ziyaad Douglas/Gallo Images
The South African government has finally filed an application to extradite the two suspects arrested in connection with the murders of Kiernan “AKA” Forbes and his friend, Tebello “Tibz” Motsoane.
Siyabonga and Malusi Ndimande returned to the dock in the Manzini Magistrate’s Court in eSwatini on Wednesday.
The two brothers were hiding in the landlocked country when they were arrested by eSwatini police on 24 February.
They are expected to be extradited back to South Africa to join the five other suspects, who have been charged for the double murders.
On Tuesday, the Ministry of Justice and Correctional Services announced that a formal request for the extradition had been submitted in terms of the Southern African Development Community (Sadc) protocol.
State prosecutor Macebo Nxumalo told the court South Africa has formally requested the extradition of two suspects.
“Swaziland received the papers on the 18th of March,” he said.
Nxumalo also confirmed that the urgent extradition application has been handed over to the defence counsel for perusal.
“After discussions with my learned friend, he indicated that he request some time to look at the papers as they are bulky. He requested that the matter be postponed by two weeks and we are not objecting to that.”
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The prosecutor said the state and defence have agreed that the provisional detention order of the suspects’ cellphones be extended until the next court date.
The magistrate has postponed the case to 9 April.
“Once that has been done, and after your consultation with senior councils, a decision shall be taken by your legal team whether the application will be contested or not.
“If the application is contested, the court is going to give timelines on when to file papers, such as answering affidavits and replying affidavits.”
The Ndimande brothers were found with four different cellphones when they were arrested after the eSwatini police had been given a directive to confiscate all relevant items that may have been used in the murders.
It was previously heard in court that the two suspects were not opposed to being extradited to South Africa if their safety was guaranteed.
A total of seven suspects were apprehended in connection to the murder of Forbes and Motsoane.
Lindokuhle Thabani Mkhwanazi, Lindani Ndimande, Siyanda Myeza, Mziwethemba Gwabeni and Lindokuhle Ndimande have already appeared in the Durban Magistrate’s Court.
The accused are facing 10 charges including conspiracy to commit murder, two counts of murder, attempted murder, unlawful possession of a firearm and ammunition.
Their bail hearing will continue when the matter returns to court on 27 March.
Forbes and Motsoane were gunned down outside the now-defunct Wish on Florida restaurant in Durban, on 10 February 2023.
According to the police, Forbes was the main target of the alleged hit, while Motsoane was shot by mistake.
The suspects all played different roles in the operation. It has been reported that R800 000 was allegedly paid and shared between those involved.
AKA’s father, Tony Forbes, has stated that he believed the true mastermind behind the murders of his son and Motsoane has not been caught.
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