Extradited Ndimande brothers accompanied by SA Human Rights Commission observers, court hears

The Durban Magistrate's Court heard on Tuesday that the two Ndimande brothers, who arrived in South Africa on Tuesday morning after being extradited  from Eswatini, had been accompanied by South African Human Rights Commission (SAHRC) representatives.

This was in terms of the ruling made by an Eswatini court in the extradition.

The brothers, Siyabonga Gezani and Malusi Dave Ndimande, are charged with the murder of South African rapper Kiernan ‘AKA’ Forbes and his friend, chef Tebello ‘Tibz’ Motsoane. 

The friends were shot dead at Durban’s Florida Road in February 2023 outside Wish Restaurant. 

After abandoning their attempt to challenge their extradition, the brothers were formally charged upon their arrival at King Shaka International Airport.

They had been in custody since 2024 after they were arrested by the Royal Eswatini Police Service in Mbabane at a house they were renting. 

After landing at the airport, the pair were escorted by police to the Durban Central police station where they were processed. 

They appeared late on Tuesday afternoon.

During court proceedings, the Deputy Director of Public Prosecutions in KZN, Advocate Lawrence Gcaba, said the State would oppose the bail should the brothers intend to apply for it.

He further stated that the SAHRC representatives would be with the accused until they were handed over to a correctional facility. 

“The Eswatini district court's ruling in the extradition of the two accused made certain orders, including that from Eswatini until they appear in this court, there be SAHRC representatives with them. They are here in court now and have been present throughout,” Gcaba explained. 

Additionally, the defence asked the court for a two-week postponement so they could consult with their clients.

Advocate Simphiwe Mlotshwa, instructed by attorney Sibusiso Dlamini, said it was difficult to consult because of the strong police presence.

He asked for an adjournment to consult and to get instructions.

“This adjournment is for an in-depth consultation to discuss, among other things, bail consideration,” said Mlotshwa. 

The duo is expected to join their co-accused, Lindokuhle Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 21, Mziwethemba Harvey Gwabeni, 37, and Lindokuhle Lindo Ndimande, 29, at the Durban High Court in July next year. 

Outside the court, the KZN police commissioner, Lieutenant-General Nhlanhla Mkhwanazi, stated that investigations are still ongoing concerning the money allegedly used to fund the hit on the two friends. 

“We know that there is a head who coordinated everything, and that person had paid the entire group after the job. He used his business account to transfer money. We are investigating further the linkages of his business account with other partners that he has, who transfer money to his account,” he said. 

The Ndimande brothers will appear in court again on November 25.