The state in the Kiernan “AKA” Forbes murder trial suffered a setback on Friday when the Durban magistrate’s court refused to grant a further postponement to allow for the extradition from of two siblings from Eswatini who are also alleged to have been involved in the rapper’s murder.
This came moments after proceedings were delayed on Friday to accommodate an extradition appeal outcome from Eswatini for the two brothers, Siyabonga Gezani Ndimande and Malusi Dave Ndimande, who are allegedly linked to the murders of rapper AKA and his friend Tebello “Tibz” Motsoane.
The judgment ruled in favour of the two siblings.
Meanwhile in Durban, magistrate Vincent Hlatshwayo said: “I cannot entertain further postponement for outstanding suspects because like the defence indicated, this appeal may go as far as the supreme court,” he said.
Lindokuhle Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 21, Mziwethemba Harvey Gwabeni, 36, and Lindokuhle Mhlaliseni Ndimande, 29, were arrested in February in connection with the murder of Forbes and Motsoane. They were all denied bail in May.
The five also face charges of money laundering, conspiracy to commit murder, unlawful possession of a firearm, unlawful possession of ammunition and five counts of attempted murder.
State prosecutor Lawrence Gcaba said the investigations were progressing well and they had gone as far as obtaining video footage of some of the accused at King Shaka airport.
He said drafting the indictment without the two brothers in Eswatini being extradited to South Africa would serve as a futile exercise.
Forbes and Motsoane were shot dead outside the Wish restaurant in Florida Road in Durban on February 10 last year.
On Friday Mkhwanazi and Philani Sikhosana appeared in connection with charges of conspiracy to murder, murder and unlawful possession of an automatic firearm in a separate matter.
Gcaba took the opportunity to update the court on the extradition processes of brothers Siyabonga and Malusi in Eswatini, who are allegedly linked to the Florida Road murders. The state was successful in its extradition application, but an appeal from the pair has delayed the process.
Gcaba anticipated the extradition processes will reach finality on Friday.
He said from the outset the state had catered for the processes, but they were marred by the appeal launched after a ruling made by the Eswatini court to extradite the pair.
“If one weighs the interests of justice, the two brothers will join the five accused,” he said.
Defence attorney Sbusiso Dlamini, for the siblings, said the state was prejudicial towards his clients.
“When the matter was adjourned [the last time], it was to be marked final. The two brothers are not needed for these proceedings,” he said.
Dlamini’s counterpart advocate Simphiwe Mlotshwa said from the onset of the trial the state had been made aware of how intricate the steps were that the matter would follow.
“The state is asking for a postponement on the basis of a very shaky ground,” said Mlotshwa.
Hlatshwayo, adjourned the matter to February 7 2025, for the state to hand the indictment to the state. The magistrate also stressed that he would not grant any further adjournments based on indictments not having been served on the accused.
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