Late rapper, Kiernan ‘AKA’ Forbes performs during the Miss Mamelodi Sundowns 2020 at the Gallagher Convention Centre in Johannesburg. Picture: Gallo Images/Frennie Shivambu
Two suspects accused of killing Kiernan “AKA” Forbes and his friend, Tebello “Tibz” Motsoane will remain in eSwatini for an extended period after their case was postponed.
The extradition proceedings resumed in the Manzini Magistrate’s Court on Tuesday, with Siyabonga and Malusi Ndimande returning to the dock.
The case had been adjourned two weeks ago to allow the defence to go through the extradition application filed by South Africa.
A formal request for the extradition had been submitted in terms of the Southern African Development Community (Sadc) protocol on 18 March.
On Tuesday, the Ndimande brothers’ lawyer, Sivesonke Ngwenya, asked the court for another postponement as the defence was yet to thoroughly assess the bulky documents.
As a result, the legal representative hasn’t been given instructions regarding whether their clients will challenge the application or not.
“May I humbly request that the dates which we agreed upon be accompanied by a caveat to say we can approach this court for an extension of time for filing in an event that we are not in a position to meet the timeframes since we are purely acting on instruction.
“We will make an application or a request in the event that it does arise,” Ngwenya said.
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The state did not oppose the defence’s request, with Magistrate David Khumalo postponing the case to 14 May.
“When the matter comes back to court, it is hereby ordered that the respondents must come back having fully gone through the papers and having taken full instructions, including indicating whether or not the application is being opposed.
“So the matter is accordingly being postponed until the 14th of May with provision that all timelines will be met as agreed upon,” Khumalo ruled.
It was previously stated in court that the two suspects did not object to extradition to South Africa as long as their safety was assured.
The two brothers were arrested in a house they were renting in Mbabane on 24 February.
They were found with four different cellphones after the eSwatini police had been given a directive to confiscate all relevant items that may have been used in the Forbes and Motsoane murders.
The suspects are also wanted in connection to taxi violence related murders in South Africa.
A total of seven suspects were apprehended in connection with the murder of Forbes and Motsoane.
Lindokuhle Thabani Mkhwanazi, Lindani Ndimande, Siyanda Myeza, Mziwethemba Gwabeni and Lindokuhle Ndimande have already been appearing in the Durban Magistrate’s Court.
The accused, who intend to plead not guilty, are facing 10 charges including conspiracy to commit murder, two counts of murder, attempted murder, unlawful possession of a firearm and ammunition.
Their bail application was postponed to 19 May for further arguments.
READ MORE: AKA-Tibz murder case: Accused claim R800K funds were wedding gifts and payments
Forbes, identified as the primary target, along with Motsoane, was fatally shot outside the now-closed Wish on Florida restaurant in Durban on 10 February 2023.
The suspects allegedly played distinct roles in the operation, reportedly sharing a sum of R800 000.
AKA’s father, Tony Forbes, has stated he believes the true mastermind behind the murders of his son and Motsoane has not been caught.
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