‘AKA’ MURDER SUSPECTS WANT FULL DETAILS OF DOCKET

MANZINI – The two South African nationals who supposedly had a hand in the murder of Kiernan ‘AKA’ Forbes want to be furnished with full details of the docket of the investigations that were carried out by SAPS in their matter.

Through their attorney Sivesonkhe Ngwenya, the two suspects; Siyabonga Gezani Ndimande (Nxele) and Malusi Dave Demand (Mjay) Ndimande have caused to be issued a correspondence directed to the prosecution, wherein they are demanding further particulars. Further particulars refer to additional information required to provide sufficient accuracy with respect to a set of pleaded facts in an earlier document. They contend that they would not be in a position to file their papers in the extradition application without being provided with the full docket of investigations that were carried by the South African Police Service (SAPS).  

Prosecution

According to the accused persons, the copy of the extradition application that was provided to them by the prosecution did not have sufficient information that could assist them to file their responding papers. They made the request for further particulars in terms of Rule 21 of the High Court Rules.  Rule 21 provides that the court may order a party to deliver to any other party further particulars of any claim, or other matter stated in the pleadings. In the correspondence their duo stated that in the absence of the details, they would not be in a position to file their papers  or make a proper decision whether to oppose the application for extradition or not.

“As I indicated, kindly provide us with further particulars so that we can indicate our position in response to the extradition application.  The further particulars we are requesting is that we are facing multiple counts of murder  inclusive of attempted murder and possession of firearms, which were never found in our possession when we were arrested in the Kingdom of Eswatini,” reads part of the correspondence.  The pair stated that they needed to properly advise and accordingly advise. The accused persons from Durban were arrested by members of the Royal Eswatini Police Service (REPS), while hiding in a flat they rented at Zone 4 in Mbabane.

Extradited

It was previously reported that the suspects stated that they had no qualms with being extradited to South Africa to face their charges, but asked that the process should be done within the confines of the law to ensure their safety. 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.  It is said that they further stated that they wanted to be handed over to prison authorities, not to members of the 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 Africa-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. The accused persons made it clear that they wanted the whole process to be done under the watchful eye of their lawyers. They further highlighted that they had strong reservations about being handed over to members of SAPS.

Expected

The siblings are expected to make their sixth court appearance at the Manzini Magistrates Court this month, where the issue of their extradition would be among the issues to be presented before court. They are currently detained in that country on the basis of the provisional arrest that was filed by the National Prosecutions Authority. ‘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.

In their home country, the  two Ndimane 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 21 of 1998, unlawful possession of firearm and ammunition and money laundering.
The two are also wanted for murders emanating from taxi wars.

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