‘AKA’ MURDER SUSPECTS’ 4 CONDITIONS FOR EXTRADITION

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.

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