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VICTOR MURDER: NCAZA, NGUBANE CHALLENGE COURT’S JURISDICTION

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 MBABANE – It will be a long wait before the nation knows why prominent businessman Victor Gamedze was killed.


This is so because the two South African nationals, who are currently detained in South Africa in connection with the death of the businessman, are now challenging the jurisdiction of the magistrate who is presiding over their extradition case in the neighbouring country.


The suspects, Mbusi ‘Ncaza’ Nkosi and Simphiwe Ngubane, are currently under provisional arrest following their apprehension almost two months ago.
They made their second appearance at the Johannesburg Magistrates Court last Thursday. 


In their submission, the pair contended that the extradition matter should be dealt with by a Soweto-based magistrate instead of it being heard at the Johannesburg Magistrates Court.


The Crown, which was represented by Advocate Deon Van Vyk from the National Prosecuting Authority of South Africa, was taken by surprise last Thursday when the duo’s attorney raised the issue of jurisdiction.


The suspects’ contention was that the matter ought to be heard in Soweto, where they were arrested. Nkosi and Ngubane were arrested in connection with the murder of the Swazi businessman and football administrator, Gamedze.


The suspects, who physically appeared in court, made this submission through their lawyer from Legal Aid South Africa.
Swaziland is now expected to argue this aspect of the case before the extradition matter continues.


The Swazi delegation which went to observe the proceedings, consisted of the senior investigator of the case and a team from the office of the Director of Public Prosecutions (DPP).


The latest twist in the matter means the country is now faced with two tasks. One of the tasks is to convince the court why the duo should be extradited to Swaziland. It is also now the duty of the country to prove whether the Johannesburg magistrate does have jurisdiction to preside over the matter.

 

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