The Ndimande brothers, who for two years defiantly fought their extradition to SA to face charges of murder over the deaths of rapper Kiernan AKA Forbes and his celebrity chef friend Tebello Tibz Motsoane, finally appeared in the Durban magistrate’s court on Tuesday.
With their feet in leg irons, Siyabonga and Malusi Ndimmade showed no signs of the early start of their day in Eswatini when they appeared before magistrate Irfan Khalil at about 3pm.
The court was packed with media, four human rights activists who kept a watching brief and a heavy police presence which included provincial commissioner Lt-Gen Nhlanhla Mkhwanazi.
Malusi is represented by advocate Simphiwe Mlotshwa while Siyabonga is represented Sibusiso Dlamini.
They are facing murder charges after Forbes and Motsoane were gunned down at the now closed Wish restaurant in Durban’s popular Florida Road in February 2023.
Deputy director of public prosecutions Lawrence Gcaba said the defence had requested an adjournment to undertake in-depth consultations with the suspects.
Mlotshwa told the court about the challenges of consulting with his client under a heavy security presence.
“Its difficult to consult in the presence of law enforcement. We require time to consult with our clients, where an instructing attorney from Swaziland, Sivesonkhe Ngwenya, will also be able to sit in,” said Mlotshwa.
Khalil said he did not see a problem with the request, saying correctional services should arrange it.
“Security should not inhibit you from making those consultations,” said Khalil.
He adjourned the matter to November 25.
After the court appearance Mkhwanazi hailed the hard work of the investigating team.
“It has brought us to this court room. We know that we have been trying our best to secure the arrests. Now that they are here we can see the next phase of the administration of justice,” said Mkhwanazi.
He said the extradition was carried out in collaboration with Eswatini officials and police provided security and transportation for the pair to move from Swaziland to SA.
“The administration process to move the pair was handled by the NPA and not us,” said Mkhwanazi.
He said the police were still investigating the person who co-ordinated the crime and paid people when the job was done.
“This person used his bank account to transfer money and that is a business account. We are investigating the account with other partners to whom he has transferred money,” said Mkhwanazi.
He said police had identified a number of people of interest.
“We are investigating who might have requested him to co-ordinate the operation.” said Mkhwanazi.
He said for now police were comfortable that the person who assembled the team and paid the accomplices had been arrested.
Last month Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 21, Mziwethemba Harvey Gwabeni, 36, and Lindokuhle Mhlaliseni Ndimande, 29, who are also charged with the murders, made a brief appearance in court.
The matter was adjourned to June 19 next year for further pre-trial issues to be addressed. A presiding judge will also be appointed.
The trial has been set down for July 20 to August 21 and another session will commence on October 6 2026.
Earlier in the day, the Ndimande brothers boarded a chartered aircraft which flew them from Eswatini to King Shaka International airport around 6.30am on Tuesday.
They were accompanied by members of the special task force and Interpol.
Brig Athlenda Mathe who was with a contingent of policemen at the airport, said there was a heightened security presence to ensure a secure handover.
“The presence of the special task force tells us that this is a high-risk operation as they deal with the most wanted suspects in the country.“
Once the duo cleared customs, they were taken into a small office where investigating officer Kumarasan Pillay charged them.
The National Prosecuting Authority confirmed last week the Ndimande brothers had abandoned their appeal against a previous order by a court in Eswatini to extradite them to SA.
They were arrested there in February 2024, and the extradition order was granted in August that year.
Justice and constitutional development minister Mmamoloko Kubayi confirmed that after the withdrawal of their appeal against that order, arrangements were set in motion for the the brothers to be returned to SA.
TimesLIVE
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