KZN DPP seeks AKA murder suspects extradition
MBABANE – The two South African nationals who have been arrested in connection with the murder of rapper Kiernan Forbes, popularly known as ‘AKA’, are reportedly a flight risk as they used illegal crossings.
This was disclosed by Elaine Harrison, the Director of Public Prosecutions (DPP) based in ‘the Kwazulu-Natal Division of the High Court, when motivating the application for their provisional arrest. The accused persons from Durban, Siyabonga Gezani Ndimande (Nxele) and Malusi Dave Ndimande (Mjay) were arrested by members of the Royal Eswatini Police Service (REPS), while hiding in a flat they rented at Zone 4 in Mbabane. The accused have been charged together with Lindokuhle Mhlaliseni Ndimande (Lindo), who still at large. Lindo, who is also a brother to the two accused persons had reportedly left the flat they were renting when members of the REPS pounced on them last Friday.
The application for provisional arrest pending extradition of the duo was filed before Manzini Principal Magistrate David Khumalo on Monday.
In the application, Harrison told the court that as the DPP, it was her duty to satisfy herself that a prima facie case had been made against the two accused persons. She averred that she was of the view that the evidence that was contained in the summary of facts she presented to the court, indicated that Siyabonga and Malusi, in the furtherance of a common purpose, unlawfully murdered the deceased.
Harrison went on to state that the evidence further indicated that there was prima facie case on the charges of conspiracy to commit murder, contravention of the Prevention of Organised Crime Act 21 of 1998, unlawful possession of firearm and ammunition and money laundering. The DPP stated that any other additional charges that would be identified after the request for provisional arrest had been executed would be included in the formal request for extradition of the duo.
Firearm
“The accused will be prosecuted for the crime of murder, conspiracy to commit murder, contravention of Section 9 of the Prevention of Organised Crime Act 121 of 1988, unlawful possession of firearm and ammunition and money laundering in the High Court of KwaZulu-Natal in the Republic of South Africa,” submitted Harrison.
She brought it to the court’s attention that after the commission of the offence, the accused persons left the district of eThekwini, without any forwarding addresses. The DPP submitted that the duo had subsequently been traced to the Kingdom of Eswatini. “It is my respectful submission that the accused persons are a flight risk, as they may have left the Republic of South Africa through illegal crossing points and entered the area known as Mbabane, Hhohho, within the Kingdom of Eswatini. It is, therefore, submitted that their immediate arrest in terms of this provisional warrant is essential,” submitted the DPP.
It was further her averment that Siyabonga and Lindokuhle were a flight risk as they were linked to several matters under investigation. Harrison further pointed out that Siyabonga and Lindokuhle were the subject of a request for a provisional arrest on Berea 85/02/2023. She averred that the investigating officers, in respect of the various cases, were prepared to avail themselves to assist in the opposition of bail application in the Kingdom of Eswatini, should they be required.
Harrison mentioned that the investigation of the various matters had also revealed that the two accused persons might upon their arrest be in possession of cellphones, laptops and other electronic devices that might have been used in the commission of the offences. “It is requested that if the abovementioned items or any devices are found in their possession upon their arrest, the exhibits must be seized and secured pending a Mutual Legal Assistance application by the Republic of South Africa for the transmission of the exhibits and relevant chain statements to the Republic of South Africa,” submitted the DPP.
Protocol
She pointed out that upon execution of the warrant for the provisional arrest, an extradition request would be made for the Ndimande brothers on the charges of murder, conspiracy to murder, money laundering and possession of firearms and ammunition and would be transmitted through diplomatic channels within the prescribed time periods contained in terms of SADC Protocol on Extradition Agreement between the Republic of South Africa and the Kingdom of Eswatini. Pending the processing of their extradition, the duo is expected to make their second court appearance at the Manzini Magistrates Court. The Crown is represented by Principal Crown Counsel Macebo Nxumalo, while for the accused is Sivesenkhosi Ngwenya.