Still no extradition for ‘AKA’ murder suspects
MANZINI - The two South African suspects in Kiernan ‘AKA’ Forbes’s murder case, will continue to be in the Kingdom of Eswatini.
This is because the South African National Prosecuting Authority (NPA) is only left with two weeks to file the application for extradition of the duo; Siyabonga Gezani Ndimande (Nxele) and Malusi Dave Ndimande (Mjay), who were arrested in the country in connection with the murder of Forbes, popularly known as ‘AKA’, and his friend Tebello ‘Tibz’ Motsoane.
As such, Manzini Principal Magistrate David Khumalo, who is presiding over the matter, postponed it to March 20, 2024, pending receipt of the formal extradition application from the requesting State (South Africa).
Extradition
The Ndimande brothers’ extradition case was supposed to start yesterday, but Principal Crown Counsel Macebo Nxumalo informed the court that their South African counterparts, NPA, had still not filed the extradition application. He then submitted to the court that they agreed as counsels that the matter should be postponed, pending receipt of the extradition application from the requesting State.
Worth noting is that the NPA has up to March 27, 2024, as the provisional arrest, which was filed and granted on February 26, 2024, is valid for 30 days as per the Extradition Act of 1968. The 30 days will lapse on March 27, 2024 and, if by that time the NPA would still have not filed the application for extradition, the court could release the accused persons on bail.
Arrested
The accused persons were arrested on February 24, 2024 and they made their maiden court appearance on February 26, 2023, which is the date on 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. During their second court appearance, the Principal Crown Counsel, Nxumalo, guaranteed the court that the extradition application would be submitted within the period of 30 days, as per the Extradition Act.
It is also worth highlighting that during one of their previous appearances, 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. It was said that they wanted to be assured that their safety was guaranteed during the whole process.
They also wanted to be handed over to prison authorities of that country, instead of members of the South African Police Service (SAPS). Also, they want to be handed over to the prison authorities in the presence of their South Africa-based attorney.
It is said the accused persons further highlighted that they had strong reservations about being handed over to members of SAPS.
In their home country, the siblings are also linked to the murders of Mntimande
Kunene, Nhlanhla Ngcobo and the 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.