The Kiernan 'AKA' Forbes' memorial service at Sandton Convention Centre on 17 February 2023. Picture: Gallo Images/Oupa Bopape
The South African government is yet to file an application to extradite the two suspects arrested in connection to the murders of Kiernan “AKA” Forbes and his friend, Tebello “Tibz” Motsoane.
Siyabonga and Malusi Ndimande appeared in the Manzini Magistrate’s Court on Tuesday.
The two brothers were arrested on 24 February in eSwatini.
During proceedings, eSwatini state prosecutor Macebo Nxumalo confirmed they are still waiting for extradition applications.
“We haven’t received the documents. However, may it be put on record that the time still allows for South Africa to bring the document as the 30-day period has not lapsed.
“Therefore, we humbly apply that may the matter be postponed to the 20th of March pending the arrival of the formal extradition request. This postponement is by consent [of] both parties,” Nxumalo told the court.
The suspects’ lawyer Sivesonke Ngwenya said while the defence was amenable to a postponement, they were still opposed to their clients’ cellphones being handed over to the South African Police Service (Saps).
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The defence counsel argued that the release of the items to the South African authorities would be “premature”.
“The crowd is requesting detention of the exhibits pending handing over to the requesting state which is the [South African Police Service].
“Our submission is that we are being placed in an egregious situation because it would be immaterial to take a position now prior to having received the comprehensive application for extradition.
“After receipt of that application, that is when we will be able to sit with our clients to take full instructions inclusive of the application for detention of the cellphones. It would defeat the whole logic and purpose of why we would be dealing with this application now instead of dealing with the application simultaneously with that for extradition,” Ngwenywa said.
The magistrate ruled that the confiscated cellphones will remain in eSwatini and granted the postponement.
The two suspects 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 double murders.
It was previously heard in court that the Ndimande brothers 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 recently 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 case was postponed to 14 March for the bail hearing.
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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 coincidence.
The suspects all played different roles in the operation. It has been reported that R800 000 was allegedly paid and shared between those involved.
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