SA prosecuting authority still to file extradition request

MBABANE - The South African prosecuting authority is still to file the request for extradition of Siyabonga Gezani Ndimande (‘Nxele’) and Malusi Dave Ndimande (‘Mjay’).

This means that their (Ndimande brothers) stay in the country’s prison might be slightly prolonged.

The non-filing of the extradition application also means that when the two make their second court appearance at the Manzini Magistrates Court tomorrow, there might be a postponement to a later date, pending the filing of the extradition application. They might be remanded in custody for seven days pending their next appearance, tentatively on March 12, 2024.

It has been reliably gathered that the prosecuting authority of the neighbouring country is working around the clock to have the extradition application filed sometime this week, so the accused persons could be brought back to South Africa to join their co-accused in the murder of rapper Kiernan Forbes popularly ‘AKA’ and his friend and Tebello ‘Tibz’ Motsoane on February 10, 2023, outside a popular restaurant in Durban’s Florida Road.

Arrested

Siyabonga and Malusi, who were arrested by members of the Royal Eswatini Police Service (REPS), are currently detained in the kingdom after the South African authorities submitted a request for their provisional arrest.

An application for provisional arrest is an application for the arrest of the fugitives provisionally pending the receiving of the request for an extradition, which is a document to be sent through diplomatic channels.

The provisional arrest is laid for 30 days. A formal application will then be made before the court of committal (Manzini Magistrates Court).

If the application is not opposed, a consent order will be prepared and endorsed by the court of committal.

Thereafter, the record will be transmitted to the registrar of the High Court, who will then transmit it to the prime minister (PM), who will then sign a surrender order. Then INTERPOL Eswatini will make preparations for handing over the fugitives to South African INTERPOL.

Extradition may be refused if under the law of the requesting country, the offence for which extradition is requested is punishable by death and if the death penalty is not provided for such offence by the law of the requested country.

According to the extradition agreement between the two countries, dated October 5, 1968, they undertook to extradite to each other, subject to the provisions and conditions laid down in the agreement, all persons against whom the competent authorities of the requesting party were proceeding for an offence.

It is further stated that, extradition shall be granted in respect of offences, which are offences under the laws of the requesting party and of the requested party and which are under both those laws punishable by a maximum sentence of imprisonment for a period of six months or more or by a more severe penalty.

Requested

“Where extradition is requested in respect of a person convicted and sentenced in respect of such an offence in the territory of the requesting party for the purposes of enforcing such sentence or the balance of such sentence extradition shall be granted irrespective of the period of the sentence imposed,” reads part of the agreement between the two countries.

Meanwhile, in the application for provisional arrest, Elaine Harrison, the Director of Public Prosecutions (DPP) based at the KwaZulu-Natal Division of the High Court, stated 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 committed the crimes they were being sought for.

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.