‘AKA’ MURDER SUSPECTS: CALL FOR WITNESSES PROTECTION

MBABANE – “These matters are high profile and sensitive in nature. The protection of the identity of witnesses and the integrity of the police investigation is of paramount importance to ensure a successful prosecution.”

These were some of the submissions made by Director of Public Prosecutions (DPP) for KwaZulu-Natal Division of the High Court, Elaine Harrison, in the application for the extradition of Siyabonga Gezani Ndimande and Malusi Dave Ndimande. The Ndimande brothers are among others accused of having a hand in the murder of rapper Kiernan ‘AKA’ Forbes and his friend Tebello ‘Tibz’ Motsoane.

Evidence

In the 254-page document, Harrison averred that she was of the view that the evidence that was contained in the summary of facts, indicated that Siyabonga and Malusi in the furtherance of a common purpose unlawfully murdered the duo. “I submit that it would not be in the interest of justice to cite the name of any of the witnesses in relation to the requests. The investigating officers in the above-mentioned case dockets have deposed to affidavits under oath, setting out the available evidence in respect of each case docket,” she argued. The duo was arrested by members of the Royal Eswatini Police Service (REPS) on February 24, 2024 at Zone 4, Nkwalini in Mbabane and are expected to make their third court appearance at the Manzini Magistrates Court today. In the application for their extradition, which was filed on Monday, Harrison went on to state that the evidence further indicated that there was prima facie case on the charges of conspiracy to commit murder, contravention of the Prevention of Organised Crime Act 21 of 1998, unlawful possession of firearm and ammunition, and money laundering.

The DPP stated that any other additional charges that would be identified after the request for provisional arrest had been executed, would be included in the formal request for extradition of the duo.  She highlighted that in the Republic of South Africa, the accused persons would be prosecuted for the crime of murder, conspiracy to commit murder, contravention of Section 9 of the Prevention of Organiseed Crime Act 121 of 1988, unlawful possession of firearm and ammunition and money laundering in the High Court of KwaZulu-Natal in the Republic of South Africa.

She brought it to the court’s attention that after the commission of the offence, the accused persons left the district of eThekwini, without any forwarding addresses. The DPP submitted that the duo had subsequently been traced to the Kingdom of Eswatini. Harrison further pointed out that Siyabonga and Lindokuhle were a subject of request for a provisional arrest on Berea 85/02/2023. She averred that the investigating officers in respect of the various cases were prepared to avail themselves to assist in the opposition of bail application in the Kingdom of Eswatini, should they be required. Harrison mentioned that the investigation of the various matters had also revealed that the two accused persons might, upon their arrest, be in possession of cellphones, laptops and other electronic devices that might have been used in the commission of the offences.  Harrison mentioned that she had carefully considered the provisions of Section 9 (3) of the Eswatini Extradition Act No. 13 of 1968 and the provisions of Section 144 (3) (a) (ii) of the Criminal Procedure and Evidence Act.

Request

“In light of the aforesaid, I now submit to you a formal request to extradite Siyabonga Gezani Ndimande and Malusi Dave Ndimande on the cases that they have been arrested for respectively. I have combined my formal request to extradite Siyabonga Gezani Ndimande and Malusi Dave Ndimande in one comprehensive affidavit,” Harrison argued. The application for the extradition of the Ndimande brothers was presented by the High Commission of the Republic of South Africa in the Kingdom of Eswatini. “The High Commission of the Republic of South Africa in the Kingdom of Eswatini presents its compliments to the Ministry of Foreign Affairs and International Cooperation of the Kingdom of Eswatini and has the honour to provide legal documentation to the ministry pertaining to the extradition of the two South African citizens.”

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