Three weeks after they were nabbed by Interpol and Eswatini police, papers to bring two brothers linked to the murders of rapper Kiernan “AKA” Forbes and chef Tebello “Tibz” Motsoane in Durban last year to South Africa are yet to be filed.
The brothers — Siyabonga “Nxele” Ndimande, 28, and Malusi “Mjay” Ndimande, 28 — who are linked to a notorious taxi family, made their third appearance in an Eswatini court on Tuesday, where the state said they are still waiting for an extradition application.
The brothers were arrested on February 24 at a house in Eswatini.
The South African government has confirmed the extradition application for them is expected to be submitted by next Friday as they are "still following necessary steps".
Their brothers Lindani Ndimande, 35, and Lindokuhle Ndimande, 29, as well as co-accused Siyanda Myeza, 21, Mziwethemba Gwabeni, 36, and Lindokuhle Mkhwanazi, 30 — all linked to the double murder — will appear in the dock in the Durban magistrate’s court on Thursday for a bail application.
Explaining the process, justice ministry spokesperson Chrispin Phiri said the department was still in the process of compiling the papers in conjunction with the National Prosecuting Authority (NPA). Phiri said once the NPA has finished with the documents, they will be given to Interpol and end up in Eswatini.
“Regarding the Southern African Development Community (Sadc) protocol and bilateral agreement, we have 30 days to file our extradition request — and by March 22 the request should be filed,” said Phiri.
The explanation of the process comes after numerous concerns about the delay of extradition proceedings concerning other previous cases. The department has for years been engaging with the United Arab Emirates (UAE) regarding the extradition request of the Gupta brothers, Atul and Rajesh, who are wanted on charges including fraud and money laundering related to state capture.
If the accused didn’t commit any crimes in Eswatini, then there should be no delay ... This should have been completed long ago — I mean, it's just an issue of political will
— Maxwell Nkambule, human rights advocate from Eswatini based in SA
“First you have to track down these people, and once you confirm that it’s the right people in custody, working with the NPA, you have to follow the international instructions that apply.
“Once all the documentation has been compiled, they will then bring it to the minister of justice to check if everything is in order. Once that is done, the document will be sent to Dirco [the department of international relations and cooperation], who will send it to their respective authorities in Eswatini.
“The representatives will take it to the prosecuting authority in Eswatini to confirm if everything was in order in terms of their country's law. The prosecuting authority in Eswatini will then go to court with that extradition request,” said Phiri.
Phiri said they are hoping there won’t be challenges with the accused having to contend with being extradited to South Africa to account. Should there be challenges, the Eswatini prosecuting authority will be the one responsible for reacting and finding a solution, he said. Should the extradition process go smoothly, the brothers will be handed over to Interpol, who will then hand them over to SA.
“The brothers are requesting to be handed over to the SA correctional services due to safety issues. However, that is not possible as they have to be handed over from police to police, appear in court, and after being in our custody,” said Phiri.
Maxwell Nkambule, a human rights advocate from Eswatini based in SA, said since both countries are Sadc members, the extradition should not take long.
He said according to Eswatini law, some charges are not permitted for extradition, including political and military reasons. However, with murder there are no issues.
“If the accused didn’t commit any crimes in Eswatini, then there should be no delay. Even if they are going to be charged under the Immigration Act, they will simply be fined a maximum of R500 and be extradited to SA,” he said.
“Should they choose to refuse to go back to SA, the accused would have an opportunity to present their case in court as to why they don’t.”
Nkambule said the extradition request should have been applied and submitted long ago, without having to wait for a deadline. “This should have been completed long ago — I mean, it's just an issue of political will,” he said.
He said with all the political issues Eswatini is facing, they might want to get this high-profile case finalised soon to remove the attention it’s receiving.
“I mean, they have been following these people for a long time. While preparing the arrest request to the Eswatini police, they should have also prepared the extradition papers so that the accused would be sent back to SA. The SA government should have been clear on what they want with the two suspects, which is the arrest and extradition.”
The Ndimande brothers will return to the Manzini magistrate's court next week.
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