Cape Town — The two brothers arrested for their alleged involvement in the murder of Kiernan ‘AKA’ Forbes and Tebello ‘Tibz’ Motsoane were given leave to appeal their extradition.
Siyabonga and Malusi Ndimane were arrested following the fatal shooting of AKA and Tibz outside the Wish Restaurant in Florida, Durban, in February 2023. The brothers denied their involvement and claimed that they feared for their lives.
The National Prosecuting Authority (NPA) said that the Manzini Magistrate’s Court issued an extradition order for the brothers to return to South Africa, IOL reported.
They filed a Notice of Appeal which the prosecution argued was invalid because it was filed late, and the Eswatini High Court was asked to declare it null and void.
“On Friday, the eSwatini High Court ruled that the NOA was filed on time and rejected the Prosecution’s request. As a result, the appeal process will proceed as planned,” said NPA spokesperson, Natasha Ramkisson-Kara.
In a statement, the NPA said the remaining accused; Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Harvey Gwabeni and Lindokuhle Lindo Ndimande, continued in the Durban Magistrate’s Court on Friday.
The five face charges of conspiracy to commit murder, murder, unlawful possession of a firearm, unlawful possession of ammunition, and five counts of attempted murder. The state also added two further charges of money laundering.
Ramkisson-Kara said following deliberations between the state and counsel for the accused, the case was remanded to February 7 for the indictment.
Case Against Five Accused in AKA and Tibz Murder Matter Remanded for Indictment pic.twitter.com/qMqhpzLXk3
— NPASouthAfrica (@NPA_Prosecutes) November 29, 2024
According to SABC News, legal expert, Abigail Ngobene, said the matter was supposed to be final as investigations were complete and the matter could be transferred to the High Court.
“If, in the worst case scenario, the matter is not complete in terms of investigation, likely what happens in court is they will ask what the matter be withdrawn provisionally pending the finalisation of the investigation. Looking at the complexity of this particular matter, it is highly unlikely that we will see the latter approach being adopted by the state, we are likely to see the state saying that the matter may proceed and be transferred to the High Court,” Ngobene said.
Magistrate Vincent Hlatshwayo refused an application for the finalisation of the Ndmande brothers’ appeal and said it would be in the interests of justice for the accused to be tried together.
“Moreover, on the last appearance when the matter was postponed to today, the state placed on record that whether these accused are available or not, the state would be able to proceed with the case against the accused before the court, ” Hlatshwayo added.
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Compiled by Matthew Petersen
