Magistrate David Khumalo said possible evidence linking the brothers to the crimes was sufficient to rule that the pair be extradited to South Africa.
The Manzini Magistrate’s Court in eSwatini has approved the extradition of the two Ndimande brothers arrested in connection to the murder of South African rapper Kiernan “AKA” Forbes and his chef friend Tibelo “Tibz” Motsoane.
The pair faces multiple charges including conspiracy to commit murder, murder, unlawful possession firearms and ammunitions, contravention of section five and six of the Prevention of Organized Crime Act of 1998.
They are also linked to other cases including malicious including malicious damage to property, and reckless and negligent driving.
These crimes were allegedly committed between 2022 and 2023.
During previous court proceedings, the pair denied the allegations against them.
Magistrate David Khumalo said possible evidence linking the brothers to the crimes was sufficient to rule that the pair be extradited to South Africa.
“The evidence disclosed by the applicants as linking the respondents in the commission of the offences constitute sufficient reason to extradite,” he ruled.
This evidence included cellular phone records, vehicle tracker records, video footage, and photographs.
Other evidence included interviews with people “who will be used as witnesses”.
Ndimande brothers’ safety concerns
The Ndimande brothers claimed they had fled to eSwaitini due to taxi violence and a dispute in that industry.
They said they were not afraid of being extradited to face charges in SA, but were concerned that this dispute may lead to them being unsafe in custody.
This was dismissed, with Khumalo saying any possible influence by police would be confined to individual officers and not the service. Correctional services also confirmed the suspects would be under maximum security.
Siyabonga claimed to have an alibi that would prove that during the time these crimes were committed, he was either in a hospital or school. However, Khumalo ruled this defence was misplaced and should be saved for the criminal trial.
Khumalo responded to Malusi’s claims of not being at the crime scene, saying video footage would show otherwise.
Three requests, four murders
Khumalo said the extradition was related to three requests, which all involved the shooting and killing of persons.
The first request was linked to the shooting and killing of William Kunene in November 2022.
“Request number two involves the gruesome shooting and killing of Kiernan Jarred Forbes, popularly known as ‘AKA, as well as his companion,” said Khumalo.
The third request mentioned involved the murder of Nhlanhla Ngcobo in Durban in March 2023.
