Durban: The Manzini Magistrates Court in eSwatini has granted the application to extradite the two brothers accused of the murders of Kiernan "AKA" Forbes and Tebello 'Tibz' Motsoane back to South Africa. Brothers Siyabonga and Malusi Ndimande were arrested in eSwatini last year and charged with the murders of the two celebrity friends.
Delivering his verdict earlier today, principal Magistrate David Khumalo said the key principle involved in such cases is that there must be sufficient reason to place respondents on trial if the court is to allow the extradition. "The evidence disclosed by the applicants as linking the respondents in the commission of the offence constitutes sufficient reason to extradite. By the evidence disclosed, I mean cellphone records, tracker reports, and video footage," Khumalo said.
The brothers' defence claimed in their last court appearance that they feared for their safety as they had been threatened by the police. For that reason, they asked not to be extradited back to South Africa. However, Khumalo said it cannot be all members of SAPS, but individual officers who allegedly threatened them.
"The affidavits submitted to the court show that these threats are not entrenched in the entire police institution. Now one of the heads informed the court that he carried out investigations as soon as he heard the court mention the threats, and a special unit was set up for purposes of this investigation. We are also assured that once the investigation is complete, the culprits will be brought to book.
"All the police heads, including those of Correctional Services, have assured us that the respondents will be given maximum security in their transmission to South Africa. This means that the fears of the respondents have been addressed. This court has added an additional safety measure to order the South African human rights commission to ensure respect, safety, and protection of the rights of the respondents as they go back to their country. Finally, the application to extradite is granted," Khumalo added.
The two brothers, along with co-accused Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Harvey Gwabeni, and Lindokuhle Lindo Ndimande recently appeared at the Durban Magistrates Court, where Magistrate Vincent Hlatshwayo allowed the state's plea to postpone the matter to the 29th of November to complete the ongoing investigations. The accused are facing charges of conspiracy to commit murder, two counts of murder, unlawful possession of a firearm, unlawful possession of ammunition, and five counts of attempted murder. Meanwhile, Mkhwanazi, Ndimande, Myeza, and Gwabeni have additional charges of money laundering (acquisition, possession or use of proceeds of unlawful activities).
The investigation into the murders of AKA and Tibz has taken a dramatic turn with the revelation that Mfundo Gcaba, an infamous taxi boss and nephew of former South African president Jacob Zuma, allegedly paid more than R800,000 into the account of one of the accused on 11 February, a day after the murder.
This was revealed during the inquest into the murder of South African rapper AKA, which continues in the Durban Magistrates' Court. State Advocate Elvis Gcweka read out the affidavit of the investigating officer, stating that accused number four, Mziwethemba Gwabeni, made a call to a number linked to Gcaba, a day after Forbes and Motsoane were killed.
“Shortly after this call an amount of R803,455 is transferred to the bank account of the applicant. The bank statement attached in his affidavit but not showing the period of these transactions,” said Gcweka.
The Durban-based Gcaba has a history of brushes with the law. In 2015, Gcaba, along with several others, was arrested after a shooting at the Brook Street taxi rank which left three people dead, including an innocent commuter.
The extradition of the Ndimande brothers brings the investigation into the murders of AKA and Tibz one step closer to justice. However, the revelation of Gcaba's alleged involvement adds another layer of complexity to the case, raising questions about the motives behind the murders and the extent of the alleged conspiracy.
