Times Of Swaziland: ‘AKA’ MURDER SUSPECTS’ 4 CONDITIONS FOR EXTRADITION

‘AKA’ MURDER SUSPECTS’ 4 CONDITIONS FOR EXTRADITION
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Mbongiseni Ndzimandze on 04/03/2024 15:01:00


MBABANE - The two Ndimande brothers who were arrested in the kingdom, in
connection with the murder of Kiernan Forbes popularly known as ‘AKA’, are
reportedly  prepared  to be extradited but on four conditions.
The accused persons from Durban, Siyabonga Gezani Ndimande (‘Nxele’) and
Malusi Dave Ndimande (‘Mjay’) were arrested by members of the Royal Eswatini
Police Service (REPS), while hiding in a flat they rented at Zone 4 in Mbabane.
Zone 4 is a small location situated in Mbabane, a few kilometres from the city
centre. On Friday, the accused persons met with their legal representatives,
Sivesenkhosi Ngwenya and Advocate Mduduzi Mabila, where they reportedly stated
that they had no qualms with being extradited to their home country to face
their charges, but the process should be done within the confines of the law to
ensure their safety.
Representatives
According to the source, the Ndimande brothers are said to have made it clear to
their legal representatives that in the whole process, they wanted to be assured
that their safety would be prioritised. “They stated that the reason they were
not opposed to their extradition is that they feel they will be safer in the
custody of their home country’s prison than being detained in Eswatini,”
said the source. The source further mentioned that during the meeting with their
legal representatives, the accused persons succinctly 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 African-based attorney to be present. Another condition they
put forward, according to the source, was that they wanted to be escorted by the
local police in the presence of their Eswatini attorney and handed over to the
prison authorities of their home country.
In short, according to the source, the accused persons made it clear that they
wanted the whole process to be done under the watchful eye of their lawyers. It
is said the accused persons 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 would be among 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. Their lawyer in Eswatini, Ngwenya, only confirmed to have met his
clients on Friday for consultation but declined to comment further, citing
lawyer-client confidentiality.
AKA and his friend, Tebello ‘Tibz’ Motsoane were fatally shot on February
10, 2023, outside a popular restaurant in Durban’s Florida Road. The killings
attracted international attention and the police brass had allocated top
detectives to trace down the killers and bring them to book. On Thursday
morning, Lindokuhle Thakani, Lindani Ndimande, Eddie Myeza, Muzi Gwabeni and
Lindo Ndimande, appeared before Magistrate L. Mkhwanazi, facing 10 charges,
including two charges of murder, conspiracy to commit murder, unlawful
possession of firearms and ammunition, and others.
According to a report carried by the Sunday Times of South Africa yesterday, the
five Ndimande brothers, who have since been arrested, come from a notorious and
powerful family in northern KwaZulu-Natal. In their home country, the two
Ndimande brothers, who are currently detained in Eswatini, 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 two are also wanted for murders emanating
from public transport wars.
In KwaZulu-Natal, the Ndimande family, from which the accused persons are
members, is in the public transport business and owns a number of taxis. The
court was told that the accused persons were a flight risk as they might have
left the Republic of South Africa through illegal crossing points and entered
Eswatini. The application for their provisional arrest pending extradition was
moved and granted last Monday at the Manzini Magistrates Court by Principal
Magistrate David Khumalo. The local director of public prosecution, who moved
the application on behalf of the neighbouring country, is represented by
Principal Crown Counsel Macebo Nxumalo.