Times Of Swaziland: ‘AKA’ MURDER SUSPECTS: CALL FOR WITNESSES PROTECTION

‘AKA’ MURDER SUSPECTS: CALL FOR WITNESSES PROTECTION
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Sibusiso Shange on 20/03/2024 16:05:00


MBABANE – “These matters are high profile and sensitive in nature. The
protection of the identity of witnesses and the integrity of the police
investigation is of paramount importance to ensure a successful prosecution.”
These were some of the submissions made by Director of Public Prosecutions (DPP)
for KwaZulu-Natal Division of the High Court, Elaine Harrison, in the
application for the extradition of Siyabonga Gezani Ndimande and Malusi Dave
Ndimande. The Ndimande brothers are among others accused of having a hand in the
murder of rapper Kiernan ‘AKA’ Forbes and his friend Tebello ‘Tibz’
Motsoane.
Evidence
In the 254-page document, Harrison averred that she was of the view that the
evidence that was contained in the summary of facts, indicated that Siyabonga
and Malusi in the furtherance of a common purpose unlawfully murdered the duo.
“I submit that it would not be in the interest of justice to cite the name of
any of the witnesses in relation to the requests. The investigating officers in
the above-mentioned case dockets have deposed to affidavits under oath, setting
out the available evidence in respect of each case docket,” she argued. The
duo was arrested by members of the Royal Eswatini Police Service (REPS) on
February 24, 2024 at Zone 4, Nkwalini in Mbabane and are expected to make their
third court appearance at the Manzini Magistrates Court today. In the
application for their extradition, which was filed on Monday, Harrison went on
to state that the evidence further indicated that there was prima facie case on
the 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 DPP stated that any other additional charges that would be identified after
the request for provisional arrest had been executed, would be included in the
formal request for extradition of the duo.  She highlighted that in the Republic
of South Africa, the accused persons would be prosecuted for the crime of
murder, conspiracy to commit murder, contravention of Section 9 of the
Prevention of Organiseed Crime Act 121 of 1988, unlawful possession of firearm
and ammunition and money laundering in the High Court of KwaZulu-Natal in the
Republic of South Africa.
She brought it to the court’s attention that after the commission of the
offence, the accused persons left the district of eThekwini, without any
forwarding addresses. The DPP submitted that the duo had subsequently been
traced to the Kingdom of Eswatini. Harrison further pointed out that Siyabonga
and Lindokuhle were a subject of request for a provisional arrest on Berea
85/02/2023. She averred that the investigating officers in respect of the
various cases were prepared to avail themselves to assist in the opposition of
bail application in the Kingdom of Eswatini, should they be required. Harrison
mentioned that the investigation of the various matters had also revealed that
the two accused persons might, upon their arrest, be in possession of
cellphones, laptops and other electronic devices that might have been used in
the commission of the offences.  Harrison mentioned that she had carefully
considered the provisions of Section 9 (3) of the Eswatini Extradition Act No.
13 of 1968 and the provisions of Section 144 (3) (a) (ii) of the Criminal
Procedure and Evidence Act.
Request
“In light of the aforesaid, I now submit to you a formal request to extradite
Siyabonga Gezani Ndimande and Malusi Dave Ndimande on the cases that they have
been arrested for respectively. I have combined my formal request to extradite
Siyabonga Gezani Ndimande and Malusi Dave Ndimande in one comprehensive
affidavit,” Harrison argued. The application for the extradition of the
Ndimande brothers was presented by the High Commission of the Republic of South
Africa in the Kingdom of Eswatini. “The High Commission of the Republic of
South Africa in the Kingdom of Eswatini presents its compliments to the Ministry
of Foreign Affairs and International Cooperation of the Kingdom of Eswatini and
has the honour to provide legal documentation to the ministry pertaining to the
extradition of the two South African citizens.”