AKA alleged killers' demands for extradition from Eswatini

The two Ndimande brothers who were recently arrested in Eswatini, in connection with the murder of mega star Kiernan AKA Forbes are 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.

On Friday, the accused met with their legal representatives, Sivesenkhosi Ngwenya and Advocate Mduduzi Mabila, where they reportedly stated that they had no qualms with being extradited to SA to face their charges, but the process should be done within the confines of the law to ensure their safety.

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 SA’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, 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 that country on the basis of the provisional arrest that was filed by the National Prosecutions Authority. 

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.

The five Ndimande brothers, who have since been arrested, come from a notorious family in northern KwaZulu-Natal’s taxi business. 

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.

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.

The NPA was yet to file its extradition application by Friday. 

This means that the brothers stay in the country’s prison might be slightly prolonged.

The non-filing of the extradition application also means that when the two make their second court appearance at the Manzini Magistrates Court tomorrow, there might be a postponement to a later date, pending the filing of the extradition application. 

They might be remanded in custody for seven days pending their next appearance, tentatively on March 12, 2024

Times of Eswatini