Ndimande brothers awaiting extradition from eSwatini Picture: Screenshot/SABC live
Two suspects accused of killing SA rapper Kiernan “AKA” Forbes and his friend, Tebello “Tibz” Motsoane will remain in eSwatini for an extended period after their case was yet again postponed.
The extradition proceedings resumed in the Manzini Magistrate’s Court on Tuesday, with Siyabonga and Malusi Ndimande returning to the dock.
A formal request for the extradition was submitted according to the Southern African Development Community (SADC) protocol on 18 March.
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On Tuesday, state prosecutor Macebo Nxumalo read the response of South Africa’s director of public prosecutions to the court.
The court heard that the two brothers were not being summoned to SA under the notion that they were caught in possession of firearms in eSwatini. However, the suspects are requested to return to SA to face criminal charges relating to the illegal possession of said firearms in SA.
“This aspect is a trial related consideration and will be dealt with at trial. The respondents will have an opportunity to challenge and adduce evidence to the charges related to the firearms should they be found to be extradited,” Nxumalo read.
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Furthermore, eSwatini’s Director of Public Prosecutions (DPP) acknowledged and supported the sense of urgency beset on the extradition of the two Ndimande brothers.
“The criminal cases related to the requests are already pending before South African courts and will be delayed in their finalisation should the extradition enquiry of the respondents not be dealt with within a reasonable time.”
The delay in the extradition of the two suspects poses a risk where the other five suspects suspects in the South African trial could argue prejudice against their case.
Moreover, the South African state has requested the four cell phones confiscated from the two suspects as part of the evidence.
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Sivesonke Ngwenya requested a further postponement in court to obtain additional documents, specifically the full disclosure of the docket containing witness statements and depositions, which are crucial for the ongoing trial in South Africa.
The state vigorously opposed this request pointing out various legal flows.
Magistrate David Khumalo postponed the case to 14 June, which is a month from today, when the court would be hearing both the state’s and defendant’s arguments.
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Five more suspects were arrested in connection to the murder of Forbes and Motsoane in South Africa on 20 February.
Lindokuhle Thabani Mkhwanazi, Lindani Ndimande, Siyanda Myeza, Mziwethemba Gwabeni and Lindokuhle Ndimande have already appeared in the Durban Magistrate’s Court.
The suspects face 10 charges including conspiracy to commit murder, two counts of murder, attempted murder, illegal possession of firearms and ammunition, and money laundering.
Forbes and Motsoane lost their lives after being shot outside the now closed Durban restaurant, Wish, on 10 February 2023.
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