The Ndimande brothers, arrested in connection with the AKA murder, are set to make another court appearance today.
AKA murder suspects back in court: How to watch live
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On Wednesday morning, the Manzini Magistrates Court in Eswatini will be the focus of renewed attention as Siyabonga Gezani Ndimande and Malusi Dave Ndimande are due for their appearance.
The brothers were previously arrested in February 2024 for their alleged involvement in the murders of Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane.
During their last court session, their defence argued against surrendering their cell phones to the police, a request made in hopes of extracting potentially crucial information for the case.
Their attorney, Sivasonkhe Ngwenya, argued that such an action would prejudice his clients, citing a lack of clarity in the extradition process.
The investigation has widened to include several co-accused individuals in South Africa, among them Lindokuhle Mkhwanazi, Lindani Shishela Ndimande, Siyanda Myeza, Mziwethemba Gwabeni, and Lindokuhle “Lindo” Ndimande.
These individuals face serious charges, including conspiracy to commit murder, murder, and the unlawful possession of firearms and ammunition.
Those interested in following the developments of the court proceedings have the opportunity to watch the events unfold live right here:
South Africa signs papers to extradite Ndimande brothers
In a significant legal manoeuvre, Justice Minister Ronald Lamola has taken steps to ensure the Ndimande brothers face trial in South Africa.
By formally requesting their extradition from Eswatini, the minister invoked the extradition treaty and the Southern African Development Community (SADC) protocol on extradition, underpinning the legal framework that facilitates such actions between the two countries.
“The request is made in terms of the Extradition Treaty between South Africa and Eswatini dated October 4, 1968, and in terms of the SADC Protocol on Extradition dated October 3, 2002, to which both countries are signatories,” Justice Ministry spokesperson Crispin Phiri explained.
Extradition refers to the process where one country formally requests the return of individuals from another country to face criminal charges or serve a sentence for crimes committed.
In the case of the Ndimande brothers, the process will likely follow several key steps:
- Official Request: South Africa, through its Justice Minister, sends an official request to Eswatini, asking for the extradition of the Ndimande brothers. This request includes legal documents and evidence supporting the need for extradition.
- Verification of Documents: Eswatini will review the documents to ensure they meet the requirements of the extradition treaty and SADC protocol. This includes verifying that the crimes the Ndimande brothers are accused of are considered criminal acts in both countries (dual criminality).
- Legal Proceedings in Eswatini: Eswatini may hold court hearings to determine whether the brothers can legally be extradited. These hearings consider factors such as the evidence against the individuals and whether their human rights would be respected.
- Decision on Extradition: If the Eswatini courts find the request valid and in line with legal standards, they will approve the extradition. The brothers would then be legally transferred under custody to South African authorities.
- Trial in South Africa: Once extradited, the Ndimande brothers would face trial for the charges against them in South Africa. The extradition ensures they are tried in the jurisdiction where the crimes were committed, allowing for the legal proceedings to take place.
