Durban – Siyabonga and Malusi Ndimande, the two brothers accused of assassinating award-winning South African rapper Kiernan 'AKA' Forbes and his close friend Tebello 'Tibz' Motsoane, made their first appearance in a South African court on Tuesday. This follows their extradition from the Kingdom of eSwatini.
The brothers stood before Magistrate Irfaan Khalil in the Durban Magistrate’s Court, with senior state prosecutor Lawrence Gcaba leading the State's case. Siyabonga and Malusi Ndimande were represented by attorney Sibusiso Dlamini and advocate Cyril Mlotshwa.
Gcaba addressed the court, stating: "This is the accused's first appearance in a South African court after their extradition from the Kingdom of eSwatini on a request for a provisional arrest from the authorities in South Africa… There was a request for them to be indicted on three separate matters."
The presence of KwaZulu-Natal Provincial Police Commissioner Lieutenant General Nhlanhla Mkhwanazi in court underscored the significance of the case. Speaking to reporters outside the courtroom, Mkhwanazi revealed that police were actively investigating the financial trail linked to the killings.
Mkhwanazi disclosed that investigators had identified a key figure believed to have coordinated the assassinations. "That person paid the entire group after the job," Mkhwanazi said. "But he used his bank account to transfer money. That's a business account that he used. We are investigating further." This revelation suggests that the police are making significant progress in uncovering the full network of individuals involved in the alleged conspiracy.
Gcaba also informed the court that human rights oversight had been incorporated into the extradition process. "This is to ensure observance, respect, and protection of the respondents' human rights," he said, adding that representatives from the South African Human Rights Commission (SAHRC) were available throughout the proceedings. This measure was put in place to ensure that the rights of the accused were protected during their transfer from eSwatini to South Africa.
However, Mlotshwa, the defence advocate, raised concerns regarding access to his clients. "Before the date of the postponement, we will be visiting them in the correctional services facility. However, I wouldn't know if that security detail will allow us to consult with them privately." This concern highlights the importance of ensuring that the accused have full and unrestricted access to their legal representation, a fundamental right in any legal system.
Magistrate Khalil responded to Mlotshwa's concerns by stressing that the accused were constitutionally entitled to consult with their legal representatives, and that security protocols would not be allowed to interfere with that right. This assurance from the Magistrate is a critical step in upholding the principles of justice and fairness in the case.
Given the defence team's need for adequate time to consult with the accused, Magistrate Khalil postponed the case to November 25. This postponement allows the defence to properly prepare their case and ensure that their clients' rights are fully protected. The case continues to be a high priority for law enforcement and the South African justice system, given the high profile of the victims and the public interest in seeing justice served.
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