By KWANELE SIBIYA | 2024-03-07

The extradition case of the two suspects Siyabonga Gezani Ndimande and Malusi Dave Ndimande who are accused of having a hand in the murder of musician Kiernan Jarryd Forbes, known as ‘AKA’ and his friend Tebello ‘Tibz’ Motsoane, has been postponed to March 12.

This is pending the submission of a formal application of the extradition from South African officials.

The two made their second court appearance yesterday at the Manzini Magistrate’s Court before Principal Magistrate David Khumalo yesterday at around 10am.  

When motivating the application for the postponement of the case, Principal Crown Counsel Macebo Nxumalo argued that when the matter was adjourned last week, it was because they had not received a formal extradition application from the Republic of South Africa and it was unfortunate that to date, they had still not received same.  

He said even though they had not received that document, they had been in constant contact with their counterparts in South Africa who had assured them that the formal application for the extradition would be submitted very soon.  

In fact, he said the formal application papers for the extradition of the accused will be submitted within a period of 30 days as per extradition law.

Nxumalo said once the application papers for the extradition have been submitted the office of the Directorate of Public Prosecutions (DPP) will see to it that the respondents in the matter were extradited to their home country, South Africa.    

He assured the magistrate that they were treating this matter with the urgency it deserves.  
“We therefore, apply by consent that the matter be postponed to March 12, 2024,” he said.  
Sivesonkhe Ngwenya, the lawyer representing the respondents in the matter, said they were amenable to the postponement by the office of the DPP, which he said would give them an opportunity to take further instructions on how to procced with the matter.

The principal magistrate accepted the application, and remanded the accused in custody until March 12, pending the submission of the formal application of the extradition.  This, he said, was because the prosecution had made an undertaking that the application papers for the extradition would be submitted as a soon as possible.

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