By Thokozani Mazibuko
The two men accused of murdering South African Hip Hop artist Kiernan Jarryd Forbes, known as AKA, will face the music in their home country.
This comes after Manzini Principal Magistrate David Khumalo approved South Africa’s extradition request for Siyabonga Gezani Ndimande and Malusi Dave Ndimande on Friday.
The two are now set to be extradited to their home country to face trial alongside their co-accused. Upon arrival in SA Correctional Services, the two suspects are set to be co-joined with their co-accused and this will mark the commencement of the murder trial of the late South African Hip-hop artist.
The pair will join Lindokuhle Thabani Mkhwanazi, Lindani Ndimande, Siyanda Myeza, Mziwethemba Gwabeni and Lindokuhle Ndimande in the dock at their next appearance.
They are also linked to the murders of Mntimande Kunene, Nhlanhla Ngcobo and Zamokuhle Mkhwanazi-Ngcobo, which took place in eManzimtoti and Berea, respectively.
The accused in SA remained behind bars after the bail application was denied.
In his ruling, Khumalo said SA police investigations had linked the men to the allegations.
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“The evidence involved here also consists of interviews conducted for different people who are witnesses. The evidence [disclosed] involves cellphone records, tracker reports, video footage, and photographs, among other things.”
AKA was gunned down along Durban’s Florida Road with his friend Tebello ‘Tibz’ Motsoane. After the shooting, police launched a massive manhunt that resulted in the brother being tracked to Eswatini. They claimed they were fleeing taxi wars “where family members were killed and they were facing death threats”.
They also claimed that large amounts of cash found on them were the proceeds of the sale of combis. Siyabonga claimed to have an alibi that would prove that during the time these crimes were committed, he was either in a hospital or school.
In his ruling, Khumalo noted the concerns they raised, indicating that the brother said they were fearing for their safety and not running away from facing trial in SA.
“They are saying they do not fear facing criminal charges in SA, but they are concerned about their safety and security. They are saying part of the threats involves the police. They are saying that police had taken sides with one of the rival groups in the taxi wars.”
Khumalo said individual police officers – not the policing institution as a whole – were a concern.
“The affidavits deposed by the heads of various units in the police tend to show this violence and threats are not entrenched in the institution.”
“One of the heads informed the court he carried out investigations as soon as he got the report about the killings and threats. All police heads including the head of correctional services have assured that they will be given maximum safety and security. This means that the fear of the respondents regarding their safety and security has been dispelled.”
“As an additional safety measure, we order the SAHRC (SA Human Rights Commission), to ensure respect, protection and observance of the rights of the respondents as they are extradited to SA, including when they are in correctional services.
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Khumalo said the extradition was related to three requests, which all involved the shooting and killing of persons. The first request was linked to the shooting and killing of William Kunene in November 2022.
“Request number two involves the gruesome shooting and killing of Kiernan Jarred Forbes, popularly known as ‘AKA, as well as his companion,” said Khumalo.
The third request mentioned involved the murder of Nhlanhla Ngcobo in Durban in March 2023.
It is still not clear when the two would be transported to SA. AKA was a South African rapper, record producer, and businessman. Born in Cape Town and raised in Johannesburg, Forbes gained recognition after releasing his single “Victory Lap” from his debut studio album.
His death has also seen various sectors of society calling it a hit. AKA’s father, Tony Forbes said his son’s murder was well-funded. Speaking on the Within with Hazel podcast, hosted by Hazel Mahazard, Forbes said his son was assassinated.
“I cannot go into the details of what we’ve been briefed in relation to the case and the progress that’s been made in terms of the investigation, other than what’s on public record,” he said.
