Duo ‘ready’ for SA court
BROTHERS ‘WON’T FIGHT EXTRADITION IF DEMANDS ARE MET’ Suspects have ‘certain conditions’ relating to their safety.
Two brothers arrested in eSwatini for their alleged involvement in the murders of Kiernan “AKA” Forbes and his friend, Tebello “Tibz” Motsoane, will be extradited without a fight should their demands be met.
Siyabonga and Malusi Ndimande made their second appearance in the Manzini Magistrate’s Court yesterday.
The two, who were arrested on 24 February, are expected to be extradited to SA to join the five other suspects, who have been charged for the double murders.
Addressing the court, the state confirmed that the SA government has requested the extradition of the suspects.
“We are treating this matter with the urgency it deserves,” state prosecutor Macebo Nxumalo said yesterday.
Nxumalo asked the court for a postponement to 12 March for further investigations.
The defence indicated that it still needed to peruse the extradition application to “take further and full instructions” as to how to proceed with the matter.
The lawyer, however, revealed the suspects had “certain conditions” relating to their safety in regards to their extradition.
“The conditions only borders on issues of security and how they will be handed over and the process thereafter,” the defence lawyer said.
“However, I think there’s an issue that should be discussed with [the state] upon them furnishing us with the comprehensive application. Otherwise, we are amenable to the postponement.”
Nxumalo told the court that the issue of “conditional surrender” was informally discussed with the defence.
It was heard in court that the suspects were found with four different cellphones when they were apprehended by eSwatini police.
Nxumalo told the court the eSwatini police had been given a directive to confiscate all relevant items such as cellphones or firearms that may have been used in the murders.
“We will be making an application for their release to the South African police on 12 March as the extradition law allows that if there are items that were found in the possession of the respondents, they can be submitted to the requesting state even before the extradition application has been finalised,” the prosecutor said.
Nxumalo also submitted an affidavit of the investigating officer. But the defence objected to the state’s submission.
“The state have just made an application to hand over an affidavit which was deposed by the investigating officer for detention.
“It would be risky for us to proceed without touching base or liaising or even seeing the face of the affidavit. In that event, may I humbly make an application that the issue of detention be deferred to the next remand, 12 March.
“I believe there no prejudice will be suffered by the state.”
The defence stressed that they needed to know the full contents of the sworn statement.
But the prosecutor argued the items would be in the possession of the police unlawfully, should the matter be postponed.
“The issue of detention cannot be deferred in any event because the law says once an item has been seized, it must be brought before a judicial officer for detention to avoid unlawful possession.”
The magistrate said “the fear by Mr Nxumalo is not a well founded one”, but indicated that a ruling would need to be made on the cellphones.
“The court is going to allow postponement of determination of that matter until 12 March. It will allow provisional detention of the cellphones by the police pending determination of the matter,” the presiding officer said.
Police Minister Bheki Cele last week dismissed claims that the two suspects fled to eSwatini because their lives were in danger due to taxi wars.
Five suspects appeared in the Durban Magistrate’s Court last week in connection to Forbes’ and Motsoane’s deaths.
Lindokuhle Thabani Mkhwanazi, 30; Lindani Ndimande, 35; Siyanda Myeza, 21; Mziwethemba Gwabeni, 36; and Lindokuhle Ndimande, 29, are facing 10 charges.
Their case was postponed to 6 March for further investigations.