By Lehlohonolo Lehana.
The case against the suspects linked to the murder of Kiernan ‘AKA’ Forbes and his friend, Tebello ‘Tibz’ Motsoane, has been stood down pending the extradition case.
The Manzini Magistrates Court in Eswatini granted South Africa extradition to extradite brothers Siyabonga and Malusi Ndimande on 16 August, who are linked to the murders.
But on 15 October, the Ndimande brothers turned the tables by filing a last-minute appeal raising security concerns.
Prosecutors in eSwatini then filed an application at the high court to declare the notice of appeal null and void.
During the last court appearance of the five suspects, senior state prosecutor Lawrance Gcaba informed the court that there were new developments following their previous appearances.
He said that some individuals were contacted to provide statements.
These statements were collected, but further clarifications are still needed.
Gcaba took the opportunity to update the court on the extradition processes of brothers Siyabonga and Malusi in Eswatini. The state was successful in its extradition application, but the process has been delayed by an appeal from the pair.
He anticipated the extradition processes will reach finality on Friday. He said from the onset the state had catered for the processes, but they were marred by the appeal launched after a ruling made by the Eswatini court to extradite the pair.
“If one weighs the interests of justice, the two brothers will join the five accused,” he said.
Defence attorney Sbusiso Dlamini, for the siblings, claimed the state was prejudicial to his clients. “When the matter was adjourned, it was to be marked final. The two brothers are not needed for these proceedings,” he said.
Magistrate Vincent Hlatshwayo stood the matter down pending the outcome of the ruling.
AKA and Tibz were shot dead on 10 February 2023 outside Wish in Florida in Durban.
Meanwhile KwaZulu-Natal police commissioner Lieutenant-General Nhlanhla Mkwanazi said, the investigation is unfolding behind the scenes and it’s revealing some interesting things. No one will be spared if they are shown to be involved in the two murders.
Update
The Mbabane High Court in eSwatini has dismissed the state’s bid to declare the notice of appeal null and void.
The court ruled that the appeal was filed within the specified time frame.
The case has been postponed for the submission of the appeal grounds from the defence after which the next court sitting will be determined.
Magistrate Hlatshwayo said: “I cannot entertain further postponement for outstanding suspects because like the defence indicated, this appeal may go as far as the supreme court, “he said.
Hlatshwayo, adjourned the matter to February 7 2025, for the state to hand the indictment to the state.
The magistrate also stressed that he would not grant any further adjournments based on indictments not having been served on the accused.