eSwatini hearing for SA's fight against AKA murder accused
Publish date: 13 January 2025
Issue Number: 1108
Diary: IBA Legalbrief Africa
Category: Criminal
The state is to face off in the eSwatini Supreme Court with legal representatives of eSwatini-based brothers accused of being involved in the murder of SA rapper Kiernan ‘AKA’ Forbes and his friend Tebello ‘Tibz’ Motsoane in February 2023. A News24 report says Siyabonga Ndimande and Malusi Ndimande have been fighting to be tried for the two murders in eSwatini instead of SA. In August 2024, the brothers were found liable to be extradited, and a written judgment was handed down and served on them on 23 September. On 15 October 2024, the Prime Minister of eSwatini issued a surrender order to have the siblings extradited, but on the same day, the duo filed a notice of appeal and grounds of appeal in respect of the ruling that they are liable to be extradited to SA. The state contested the action, arguing that it was filed out of time, and approached the High Court of eSwatini to set aside or strike off or dismiss the notice of appeal and grounds of appeal.
The application was argued and heard before Judge Sabelo Masuku on 19 November 2024. The News24 report notes Masuku dismissed the state's application. ‘After considering the decision of the learned judge, the state elected to appeal his judgment. The state approached the High Court of eSwatini on an urgent basis to seek a certificate of appeal from the learned judge to appeal the matter in the Supreme Court. The matter was argued on 20 December 2024 before the Honourable Masuku, who granted the certificate of appeal. An application has been filed with the Supreme Court for the hearing of the appeal. The state is awaiting set down of the matter in the Supreme Court,’ said National Prosecuting Authority spokesperson Khethukuthula Sangweni. He said that after the outcome of the appeal process, the state would be in a position to know whether an appeal regarding the extradition itself would be heard. Meanwhile, the state stressed that the extradition of the Ndimande brothers had no bearing on the start of the trial in SA. ‘The SA case in November was marked final for any postponements, and it was adjourned to February for the accused to be handed their indictments. With what is going on in the eSwatini matter, we are likely to see a separation of trial between the accused here in SA and the two in eSwatini unless the commencement of the trial is delayed in the High Court, then the two eSwatini brothers could be joined, becoming accused number six and seven,’ said Ngobeni.