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Eswatini prosecutor asks to retain AKA’s alleged killers’ phones

The siblings want their safety guaranteed before extradition

Siyabonga Gezani Ndimande (‘Nxele’) and Malusi Dave Ndimande (‘Mjay’) who are accused of being involved in AKA's murder.
Siyabonga Gezani Ndimande (‘Nxele’) and Malusi Dave Ndimande (‘Mjay’) who are accused of being involved in AKA's murder.
Image: Times of Eswatini

The Eswatini state  has brought an application to retain four cellphones found in possession of siblings accused of killing rapper AKA.

Principal Crown Counsel Macebo Nxumalo on Tuesday told the court in Eswatini that the cellphones were recovered when brothers Siyabonga Gezani Ndimande (Nxele) and Malusi Dave Ndimande (Mjay) were arrested.

The siblings from Durban, KwaZulu-Natal, were arrested by members of the Royal Eswatini Police Service at their rented flat at Zone 4 in Mbabane, Eswatini.

Nxumalo said upon the issuance of the detention order, the cellphones would be handed over to the South African Police Services.

The duos lawyer, Sivesenkhosi Ngwenya, opposed the application. He implored the court not to issue the order as they had not seen the application and they needed time to go through it.

He said he would then take full instructions from his clients.

Principal magistrate David Khumalo ruled that there was no prejudice to be suffered by the prosecution in the event the order was not issued on Tuesday.

Ngwenya also raised concerns about his clients safety and security. He said his clients had no problem with being extradited but wanted their safety and security guaranteed.

The court heard that the South African national director of public prosecutions had not filed the application for the extradition of the Ndimande brothers.

Nxumalo told the court they had been assured by their South African counterparts that the application for the extradition of the two would be filed soon.

He asked the court to withdraw the request for the provisional arrest of Lindokuhle Ndimande, who was the third accused person in the charge sheet that was presented to the court on March 1 when they made their first court appearance.

Nxumalo said they had been informed that Lindokuhle was subsequently arrested in SA.

Khumalo granted it.

There were armed officers from His Majesty’s Correctional Services in court.

The case was postponed to March 12.

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