2 weeks left to file for ‘AKA’ murder suspects’ extradition
MBABANE – The South African National Prosecuting Authority (NPA) is only left with two weeks to file the application for extradition of the two Ndimande brothers.
The duo of Siyabonga Gezani Ndimande (Nxele) and Malusi Dave Ndimande (Mjay) were arrested in the country in connection with the murder of Kiernan Forbes popularly known as ‘AKA’ and his friend Tebello ‘Tibz’ Motsoane
In their home country, the siblings are also linked to the murders of Mntimande Kunene, Nhlanhla Ngcobo and attempted murder of Zamokuhle Mkhwanazi-Ngcobo, which took place in eManzimtoti and Berea respectively.
Upon being extradited they are expected to answer on 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 provisional arrest which was filed and granted on February 26, 2024, according to the Extradition Act of 1968, is valid for 30 days. The 30 days lapses on March 27, 2024, and if by that time the NPA has still not have filed the application for extradition; the court can release the accused persons on bail.
Arrest
“A provisional arrest is valid for 30 days and when the application for extradition has not been received from the requesting country, the court may release the fugitive on bail, but can be rearrested once the request has been received,” said a legal expert.
The accused persons were arrested on February 24, 2024, and they made their maiden court appearance on February 26, 2023, which is the date in which the request for their provisional arrest was moved and granted by Principal Magistrate David Khumalo.
They made their second court appearance on March 5, 2024, and they have been in custody for two weeks.
It was during their second court appearance where Principal Crown Counsel Macebo Nxumalo submitted that their South African counterparts (NPA) had still not file the extradition application. He told the court that they were in constant communication with the NPA and they promised to file the application soon. Nxumalo assured the court that the prosecution was giving the matter the urgency it deserved. He also guaranteed the court that the extradition application will be submitted within the period of 30 days as per the Extraction Act. The non-filing of the extradition application was confirmed by the lawyer, who is representing the pair. Sivesenkhosi Ngwenya. Ngwenya said he was still waiting to be served with the papers so that he could take full instructions from his clients.
Extradited
During their last appearance, it was placed on record that the Ndimande brothers had no problem about being extradited to their home country, but wanted same to be done within the confines of the law.
They, among other conditions, want to be assured that their safety was guaranteed during the whole process. It is anticipated that the NPA will file the application this week and this means that the matter might be postponed on Tuesday, as the defence lawyer made it clear that once served with the extradition application, with his clients they would need time to go through it in order to make an informed decision. As part of the conditions that were forwarded by the accused stated, they wanted to be assured that their safety would be prioritised.
The accused persons are said to have pithily stated that they wanted to be handed over to prison authorities of that country not to members of the South African Police Service (SAPS).
As part of the conditions they are said to have also stated that during their handover to the prison authorities they wanted their South Africa-based attorney to be present.
It is said the accused person further highlighted that they had strong reservations about being handed over to members of SAPS. The siblings are expected to make their second court appearance at the Manzini Magistrates Court tomorrow, where the issue of their extradition will be among one of the issues to be presented before court. They are currently detained in the country on the basis of the provisional arrest, that was filed by the prosecution of the neighbouring country.
The accused persons are expected to make their third court appearance tomorrow. If the NPA will still not have filed the application for their extradition they would be remanded in custody for seven days.
Application
On Tuesday (tomorrow), the court is also expected to hear the application for the seizure and detention of the four cellphones that were found in possession of the accused persons, when they were arrested by members of the Royal Eswatini Police Service at Zone 4, Nkwalini in Mbabane.
It is suspect that the cellphones are part of the gadgets that were purportedly used by the accused persons in the commission of the offences they are wanted for in their home country.
During their last court appearance at the Manzini Magistrates Court Principal Crown Counsel Macebo Nxumalo moved an application to seize and detain the four cellphones, a black Nokia, grey Samsung, Vivo and a navy blue Huawei.
The application was made in terms of Section 52 (1) of the Criminal Procedure and Evidence Act No.67 of 1938 as amended.
Offence
Section52 provides that: If on the arrest of any person on a charge of an offence relating to property, the property in respect of which the offence is alleged to have been committed is found in his possession, or if anything is seized or taken under this Act, the person making the arrest or (as the case may be) the person seizing or taking the thing shall deliver such property or thing, or cause it to be delivered to a magistrate within such time as in all the circumstances of the case is reasonable.
The detention application was, however, met with resistance from, the lawyer who is representing the Ndimande brothers. He urged thee the court not to grant the order for the seizure and detention of the gadgets as they needed time to read the application.