Tag: magistrate

Siyabonga and Malusi Ndimande are seen during their court appearance in Eswatini. (Sibusiso Zwane/News24)

• The Ndimande brothers, who are alleged to have been part of a plot to murder Kiernan “AKA” Forbes and his former manager Tebello “Tibz” Motsoane will be extradited to SA.
• The ruling for Siyabonga, 29, and Malusi Ndimande, 28, came from the Manzini District Court in Eswatini on Friday.
• The court found that assurances from SA authorities quelled their security concerns.

The Ndimande brothers, who are accused of being part of a plot to assassinate rapper Kiernan “AKA” Forbes and his former manager, Tebello “Tibz” Motsoane, will be extradited to SA.

On Friday, Siyabonga, 29, and Malusi, 28, appeared in the Manzini District Court in Eswatini before the principal magistrate, David Khumalo, who granted South Africa’s request for their extradition.

They face charges of conspiracy to commit murder, murder, unlawful possession of firearms and ammunition.

In his ruling, Khumalo said SA police investigations had linked the men to the allegations.

“The evidence involved here also consists of interviews conducted for different people who are witnesses. The evidence [disclosed] involves cellphone records, tracker reports, video footage, and photographs, among other things.”

The brothers were “tracked and later spotted within Eswatini as suspects” by SA police.

But they claimed they were fleeing taxi wars “where family members were killed and they were facing death threats”.

They also claimed that large amounts of cash found on them were the proceeds of the sale of combis.

Concerns

“They are saying they do not fear facing criminal charges in SA, but they are concerned about their safety and security.

“They are saying part of the threats involve the police. They are saying that police had taken sides with one of the rival groups in the taxi wars.”

In addition, they were labelled as conspirators and accomplices, they alleged.

However, Khumalo said individual police officers – not the policing institution as a whole – were a concern.

“The affidavits deposed by the heads of various units in the police tend to show this violence and threats are not entrenched in the institution.

“One of the heads informed the court he carried out investigations as soon as he got the report about the killings and threats.”

A special unit was sent for the investigations, Khumalo added.

“All police heads including the head of correctional services have assured that they will be given maximum safety and security. This means that the fear of the respondents regarding their safety and security has been dispelled.”

“As an additional safety measure, we order the SAHRC (SA Human Rights Commission), to ensure respect, protection and observance of the rights of the respondents as they are extradited to SA, including when they are in correctional services.

He found that“the evidence disclosed by the applicants as linking the respondents in the commission of the offence constitutes sufficient reason to extradite”.