The extradition of Siyabonga Gezani and Malusi Dave Ndimande to South Africa will now proceed after the duo abandoned their appeal against a ruling by the Manzini Magistrate’s Court granted in August 2024.
The notice to withdraw the appeal was filed at the High Court yesterday by Sivesonkhe Ngwenya Attorneys, who represented the accused brothers.
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The Ndimande brothers were arrested in Eswatini on February 24, 2024, and are wanted in South Africa in connection with the double murder of rapper Kiernan “AKA” Forbes and his friend Tebello “Tibz” Motsoane, who were shot dead in Durban in February 2023.
Following their arrest, the South African government formally requested their extradition, which the Manzini court granted in August 2024. However, the pair appealed the decision, citing procedural flaws and personal safety concerns.
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Once extradited, the two are expected to stand trial alongside five other accused persons already in custody in South Africa in connection with the same case.
The extradition process is being conducted under the legal cooperation framework between Eswatini and South Africa.
Recently, the State filed an application to present new evidence related to the extradition request.
In an affidavit filed by Acting Director of Public Prosecutions Lomvula Hlophe, the Crown expressed concern that failing to consider the new evidence could result in substantial prejudice to the case.
“It is envisaged that if the issue of the validity of the request is not dealt with by the requested State (Eswatini), this poses the real risk that the appellants may raise the issue after their surrender to South Africa,”
– Hlophe stated.
She further warned that the accused might use this as grounds to challenge the validity of the extradition in South Africa and evade prosecution.
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