D-DAY FOR VICTOR’S 2 MURDER SUSPECTS

MBABANE – When the hour has come, believers usually say ‘this is the day that the Lord has made.’

Will the Friday of May 24, 2019 turn out to be the day that the Lord has made for emaSwati to learn about the extradition of Mbuso Ncaza Nkosi and Simphiwe ‘Ntjebe’ Ngubane, who allegedly killed Victor Mfana Gamedze at Galp Filling Station in Ezulwini on January 14, 2018?

That would be four days before the trial of Sipho Shongwe, the first suspect to be held for Gamedze’s murder, begins at the High Court of Eswatini.
Another suspect linked to the murder of Gamedze is Sicelo ‘Dzodzo’ Zikalala - Luthango who is yet to be arrested. He is understandably on the run, and police are looking for him.

The National Prosecuting Authority (NPA) of South Africa told the Times SUNDAY that Nkosi and Ngubane would appear in a South African court for the extradition case.

location of court a secret

The location of the court is known by this newspaper, but will not be disclosed for security reasons.
Johan J. De Toit, the Deputy Director of Public Prosecutions (DPP), said they received a request from their counterparts in Eswatini to have Nkosi and Ngubane extradited to the kingdom.

Popularly known as ‘JJ’ in the legal fraternity, the deputy DPP confirmed that the case was going back to court on May 24, 2019.
“Our office has indeed received a request from Swaziland (Eswatini) for their extradition – the case is in court again on May 24, 2019,” said De Toit.
Asked if the two suspects were freed on bail, the deputy director of public prosecutions said they were, as a matter of fact, in custody.
They have been in custody since February last year.

 For security reasons, the correctional facility where they had been detained since February 2018 will not be disclosed.
The deputy DPP’s comment was sought after Mugshots.com; an online information intelligence system working closely with international police, claimed Nkosi was still on the police most wanted list.
 
NPA following case
Mugshots published the ID for Nkosi, place of birth and nationality, putting him on its list as one of the suspects being wanted by the South African Police Service (SAPS).  The organisation reported that it got the information on June 2, 2018.
It never reported anything on Ngubane.

However, the NPA made it clear to the Times SUNDAY on Friday that both suspects were actually in custody.
Phila Dlamini, Eswatini’s Director of Public Prosecutions, confirmed awareness of the set date for the suspects’ appearance in court.
The DPP said they duly submitted the request to their counterparts, and the process for the extradition fell within the jurisdiction of the NPA. He said they were following the case with keen interest.

“We are aware of the dates for their court appearance,” he said.
Meanwhile, sources close to the NPA said judgment could be delivered on May 24, 2019 because both parties had filed their applications, and the presiding officer had probably applied himself to the heads of argument.

assures South Africa
Sources at NPA continued to explain that the extradition case could take long to be concluded in that country if the suspects would lodge an appeal.
Impeccable sources further confided in this newspaper that Eswatini has assured South Africa that the suspects would not be hanged even if they were to be convicted of the murder of the late director of Eswatini Mobile, MV Tel Communications and chairman of both Mbabane Swallows and Premier League of Eswatini.
“If the suspects lodge an appeal, the case will be heard by the Constitutional Court, and that can take quite some time to conclude it,” said the source.
There is, however, some hope that they will not appeal the verdict even if turnes out to be not in their favour, sources said. This is based on the fact that they had been assured of safety from the noose. 

extradition treaty signed
“Don’t forget to mention that they are still innocent until proven guilty,” the source said.
There haven’t been so many cases of extradition requests between Eswatini and South Africa despite the fact that the two countries signed an extradition treaty.
In 2012, Eswatini extradited Musa Macandza Dlamini to South Africa to face a murder charge.
Dlamini, of Nginamadolo, allegedly killed his wife Sibongile Masinga on December 8, 2010 at Jeppes Reef in South Africa. He then fled to the country after the commission of the crime.
On another note, it must be said that the death of Gamedze left his family with a mammoth task. His wife Lungile is in court to get overwhelming evidence that a certain child was indeed sired by her late husband.

DNA test inconclusive
Results of a DNA test were inconclusive.
The paternity test was conducted in Ermelo, South Africa. 
During the tests, blood samples of one of Gamedze’s daughters were used but the outcome was that it was inconclusive.
Inconclusive paternity test results generated by most laboratories typically mean that the probability of paternity was less than 99 per cent.
The inconclusive results of the minor will now require the executor of the estate to seek alternative means to determine the paternity of the child before he (minor) could be included as a beneficiary in the multimillion estate of the slain businessman.
Lungile and her daughters Tiyandza and Temalungelo, are also appealing the judgment of Judge Nkosinathi Maseko, who dismissed their application to compel Nosipho Gamedze to undergo a paternity test.
Nosipho is the woman whom the court recently found to be the biological daughter of the late millionaire.

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