AKA murder: Suspects willing to be extradited to SA, but concerned about safety

Two suspects arrested in eSwatini for their alleged involvement in the murders of Kiernan “AKA” Forbes and his friend, Tebello “Tibz” Motsoane will be extradited without a fight should their demands be met.

Siyabonga and Malusi Ndimande made their second appearance in the Manzini Magistrate’s Court on Tuesday.

The two brothers, who were arrested on 24 February, are expected to be extradited back to South Africa to join the five other suspects, who have been charged for the double murders.

AKA murder suspects conditions

Addressing the court, the state confirmed that the South African government has requested the extradition of the suspects from eSwatini.

“We are treating this matter with the urgency it deserves,” state prosecutor Macebo Nxumalo said on Tuesday.

Nxumalo asked the court for a postponement to 12 March for further investigations.

The defence indicated that it still needed to peruse the extradition application to “take further and full instructions” as to how to proceed with the matter.

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The lawyer, however, revealed that the suspects had “certain conditions” relating to their safety in regards to their extradition.

“Though we are alive to the fact that [the state] still needs to liaise with their counterparts in South Africa, [the conditions] only borders on issues of security mostly and how they will be handed over and the process thereafter.

“However, I think there’s an issue that should be discussed with [the state] upon them furnishing us with the comprehensive application. Otherwise, we are amenable to the postponement,” the defence lawyer said.

Nxumalo told the court that the issue of “conditional surrender” was informally discussed with the defence.

AKA murder suspects’ cellphones seized

It was heard in court that the suspects were found with four different cellphones when they were apprehended by eSwatini police.

Nxumalo explained to the court that the eSwatini police had been given a directive to confiscate all relevant items such cellphones or firearms that may have been used in the murders.

“We apply that may these items be detained, pending their surrender to the South African police.

“We will be making an application for their release to the South African police on the 12th of March as the extradition law allows that if there are items that were found in the possession of the respondents, they can be submitted to the requesting state even before the extradition application has been finalised,” the prosecutor said.

Nxumalo also submitted an affidavit of the investigating officer.

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But the defence objected to the state’s submission.

“The [state] have just made an application to hand over an affidavit which was deposed by the investigating officer for detention.

“As we are all aware that this is a matter, it would be risky for us to proceed without touched base or liaise or even seen the face of the affidavit. In that event, may I humbly make an application that the issue of detention be deferred to the next remand which is the 12th of March.

“I am of the firm belief that there will be no prejudice that will be suffered by the [state] for this postponement on this aspect and the issue of the exhibits.”

Watch the court proceedings below:

The defence stressed that they needed to know the full contents of the sworn statement.

But the prosecutor argued that the items would be in the possession of the police unlawfully should the matter be postponed.

“The issue of detention cannot be deferred in any event because the law says once an item has been seized, it must be brought before a judicial officer for detention to avoid unlawful possession. So we will suffer a great prejudice because a technical issue will be raised thereafter.”

The magistrate said “the fear by Mr Nxumalo is not a well founded one”, but indicated that a ruling would need to be made on the cellphones.

“The court is going to allow postponement of determination of that matter until 12 March. It will allow provisional detention of the cellphones by the police pending determination of the matter,” the presiding officer said.

Police Minister Bheki Cele last week dismissed claims that the two suspects fled to eSwatini because their lives were in danger due to taxi wars.

AKA murder suspects bail

A total of seven suspects were apprehended in connection to Forbes and Motsoane’s deaths.

Lindokuhle Thabani Mkhwanazi, 30; Lindani Ndimande, 35; Siyanda Myeza, 21; Mziwethemba Gwabeni, 36; and Lindokuhle Ndimande, 29, appeared  in the Durban Magistrate’s Court for the first time last week.

The accused are facing 10 charges including conspiracy to commit murder, two counts of murder, attempted murder, unlawful possession of firearm and ammunition.

Their case was postponed to 6 March for further investigations and bail verification following a request from the state.

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Arguments on the bail applications will start on 14 March.

Forbes and Motsoane were gunned down outside the now-defunct Wish on Florida restaurant in Durban, on 10 February 2023.

According to the South African Police Service (Saps), 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.