“The purported appeal is an entirely academic exercise, it is moot. The application is urgent because statutorily, where there is no appeal, as in this case, the respondents must be surrendered to the requesting state within 45 days from the date of the surrender order. In the president's instance, the first and second respondents must be surrendered to the Republic of South Africa by November 22. If the respondents are not surrendered by this date, the surrender order cannot be executed,” said Hlophe.
The Ndimandes have since opposed their extradition and have lodged an appeal in the high court of Eswatini after a magistrate granted their extradition.
However, the publication reports Hlophe said the appeal was moot since the prime minister had signed papers for the two's extradition.
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Eswatini DPP opposes appeal application by AKA murder suspects
Suspects must be surrendered to SA by November 22
Image: Times of Eswatini
A director of public prosecutions (DPP) in Eswatini has opposed the application by two suspects in the AKA murder case who filed an appeal against their extradition from the country at the 11th hour.
Swaziland News reports that yesterday the country's DPP Lomvula Hlophe approached the court declaring an appeal by Kiernan Forbes (AKA) murder suspects moot because Prime Minister Russell Mmiso Dlamini had already signed an extradition order, seeking to surrender the suspects to South African law enforcement agencies.
‘We want Human Rights Commission’s help’, AKA murder accused fight extradition
On the other hand, the Times of Eswatini reports that Hlophe said Siyabonga Gezani Ndimande and Malusi Dave Ndimande – who are brothers – should be surrendered by November 22, and if not, then the surrender cannot be executed.
Ndimande brothers implicated in AKA, Tibz murder have 15 days to appeal their extradition
“The purported appeal is an entirely academic exercise, it is moot. The application is urgent because statutorily, where there is no appeal, as in this case, the respondents must be surrendered to the requesting state within 45 days from the date of the surrender order. In the president's instance, the first and second respondents must be surrendered to the Republic of South Africa by November 22. If the respondents are not surrendered by this date, the surrender order cannot be executed,” said Hlophe.
The Ndimandes have since opposed their extradition and have lodged an appeal in the high court of Eswatini after a magistrate granted their extradition.
However, the publication reports Hlophe said the appeal was moot since the prime minister had signed papers for the two's extradition.
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