Delays in AKA case
ESWATINI: SA GIVEN UNTIL 20 MARCH TO FILE EXTRADITION APPLICATION Two brothers accused in murders of muso and friend remain in custody.
The SA government is yet to file an application to extradite the two suspects arrested on 24 February in eSwatini in connection to the murders of Kiernan “AKA” Forbes and his friend, Tebello “Tibz” Motsoane.
Brothers Siyabonga and Malusi Ndimande appeared in the Manzini Magistrate’s Court yesterday.
During proceedings, eSwatini state prosecutor Macebo Nxumalo confirmed they were still waiting for extradition applications.
“We haven’t received the documents. However, may it be put on record that the time still allows for South Africa to bring the document, as the 30-day period has not lapsed,” he told the court.
“Therefore, we humbly apply that may the matter be postponed to the 20 March pending the arrival of the formal extradition request. This postponement is by consent [of] both parties.”
The suspects’ lawyer, Sivesonke Ngwenya, said while the defence was amenable to a postponement, they were still opposed to their clients’ cellphones being handed over to the SA Police Service (Saps). The defence counsel argued that the release of the items would be “premature”.
“The crowd is requesting detention of the exhibits pending handing over to the requesting state which is the [Saps]. Our submission is that we are being placed in an egregious situation because it would be immaterial to take a position now prior to having received the comprehensive application for extradition.
“After receipt of that application, that is when we will be able to sit with our clients to take full instructions inclusive of the application for detention of the cellphones,” said Ngwenya.
“It would defeat the whole logic and purpose of why we would be dealing with this application now instead of dealing with the application simultaneously with that for extradition.”
The magistrate ruled that the confiscated cellphones will remain in eSwatini. The brothers were found with four cellphones when they were arrested after the eSwatini police were given a directive to confiscate all relevant items that may have been used in the double murders.
It was previously heard in court that the brothers were not opposed to being extradited to SA if their safety was guaranteed.
Seven suspects have so far been arrested in connection to the murder of Forbes and Motsoane. Lindokuhle Thabani Mkhwanazi, Lindani Ndimande, Siyanda Myeza, Mziwethemba Gwabeni and Lindokuhle Ndimande recently appeared in the Durban Magistrate’s Court, and their case was postponed to tomorrow for the bail hearing.
They are facing 10 charges, including conspiracy to commit murder, two counts of murder, attempted murder, unlawful possession of a firearm and ammunition.
Forbes and Motsoane were gunned down outside the now-defunct Wish on Florida restaurant in Durban, on 10 February 2023.
According to the police, Forbes was the main target of the alleged hit, while Motsoane was shot by coincidence. It has been reported that R800 000 was allegedly paid. –