MBABANE – The Director of Public Prosecutions (DPP) has approached the High Court of Eswatini, sitting as an appeal court, with an application to introduce new evidence in the extradition appeal of Siyabonga Gezani Ndimande and Malusi Dave Ndimande.
The two South African nationals are currently detained at Sidwashini Correctional Facility, pending the outcome of their appeal against a judgment by Manzini Principal Magistrate David Khumalo, who ordered their extradition to South Africa.
The Ndimande brothers are accused of the murder of South African rapper Kiernan “AKA” Forbes and his friend Tebello “Tibz” Motsoane, who were gunned down in Durban on February 10, 2023.
Crown’s Application
The Eswatini DPP, represented by Acting DPP Lomvula Hlophe, is seeking the court’s permission to submit further evidence addressing a point of law related to the validity of South Africa’s original extradition request. The Crown argues that if this issue is not dealt with now, it could later be used by the accused to evade prosecution in South Africa.
In her affidavit, Hlophe cited a similar case in the United States, where a failure to address such a legal issue before extradition led to the accused’s acquittal.
“Failure to address this issue by the requested State poses a risk that the appellants may raise the issue in the requesting State after surrender to evade criminal prosecution,” reads part of the Crown’s submission.
The DPP maintains that the new evidence is aimed at proving that South Africa’s Minister of Justice Ronald Lamola lawfully approved and submitted the extradition request through the proper diplomatic channels.
New Evidence
The new documents include:
An internal memorandum titled Request for Extradition by South Africa to the Kingdom of Eswatini, signed by Minister Lamola on March 15, 2024.
SABC News interview transcripts from March 19, 2024, in which Lamola publicly confirmed the extradition request.
According to the DPP, these materials were transmitted via diplomatic channels and are already in the Crown’s possession. They are said to be reliable and verifiable, supported by transcribers’ certificates and a note verbale from the South African High Commission.
The Crown argues that referring the matter back to the committal court would cause unnecessary delay and that the High Court is best positioned to address the issue of validity.
Background to the Case
The extradition process began on February 22, 2024, when South Africa’s DPP in KwaZulu-Natal (KZN) issued provisional arrest requests for the brothers, leading to their arrest in Eswatini two days later.
They appeared before the Manzini Magistrates Court on February 26, 2024, and the formal extradition request was submitted on March 5, 2024. The committal court admitted the request as an exhibit on March 20, 2024, and on August 14, 2024, ruled that the pair be surrendered to South Africa. The full judgment was delivered on September 23, 2024.
Following the ruling, the Ndimande brothers filed an appeal on October 15, 2024, hours after Eswatini’s Prime Minister signed the surrender order. The Crown’s attempt to have the appeal struck out as late was dismissed by the High Court on November 29, 2024, which found that it had been filed within the prescribed 15-day period.
The High Court subsequently stayed the surrender order pending the appeal’s outcome. A consent order from the Supreme Court, issued on May 8, 2025, referred the matter back to the High Court for hearing.
The case is currently pending before the High Court.