TODAY marks exactly 465 days since the arrest of the suspects allegedly involved in the murder of South African rapper Kiernan “AKA” Forbes. Two of the suspects Siyabonga Gezani Ndimande and Malusi Dave Ndimande were taken into police custody on February 23, 2023.
The suspects on Monday requested more time from the Supreme Court to file their legal arguments in the on-going extradition appeal. The Ndimande brothers, who are currently fighting their return to South Africa, cited late receipt of court documents as the reason for the delay.
The pair was expected to file their Heads of Argument by June 9, as directed in a consent order issued by the Supreme Court on May 8. The order set strict timelines to expedite the appeal process after the Director of Public Prosecutions (DPP) challenged a High Court ruling that allowed the suspects to contest their extradition.
In a formal communication to the court, the defence team acknowledged the deadline but stated they had only recently received the Record of Proceedings from the Manzini Magistrates Court.
The record is essential for drafting their arguments and according to the defence, it was delivered “at the eleventh hour.”
The legal team, led by local attorney Sivesonkhe Ngwenya, South African lawyer Sibusiso Dlamini and Advocate Cyril Simphiwe Mlotshwa requested an extension and proposed to file the documents no later than June 17.
The latest delay in Eswatini adds to growing frustrations in South Africa, where five co-accused in the AKA and Tebello “Tibz” Motsoane murder case are still awaiting trial.
On June 6, the Durban High Court postponed the pre-trial conference for the five suspects due to the absence of Advocate Simphiwe Mlotshwa, who was in the country attending to the Ndimande appeal.
Mlotshwa is now officially representing all five South African-based accused namely Lindokuhle Thabani Mkhwanazi (30), Lindani Zenzele Ndimande (35), Siyanda Eddie Myeza (21), Mziwethemba Harvey Gwabeni (36) and Lindokuhle Mhlaliseni Ndimande (29).
Following their arrest in February 2023, the accused face charges ranging from murder, attempted murder to possession of illegal firearms and ammunition.
The group is accused of orchestrating and executing the February 10, 2023 killings of Forbes and Motsoane outside Wish Restaurant on Florida Road in Durban.
The extradition dispute between Eswatini and South Africa has become a legal quagmire, with the Ndimande brothers challenging their surrender after Manzini Principal Magistrate David Khumalo issued an extradition order earlier this year.
The High Court later permitted them to appeal, prompting the DPP to escalate the matter to the Supreme Court.
