By Bahle Gama
Director of Public Prosecutions Lomvula Hlophe says AKA murder suspects Siyabonga Gezani Ndimande and Malusi Dave Ndimande should be extradited to South Africa within 45 days.
The suspects are expected to be surrendered in the neighbouring country by November 22, 2024.
According to Hlophe, the office of the DPP received a request for provisional arrest of the Ndimande brothers on February 22, 2024, and they were arrested on February 24, 2024.
She stated that instead of filing heads of arguments in respect of the extradition enquiry they filed further affidavits wherein they alleged that their safety was at risk should they be extradited and requested the hearing of oral evidence.
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The DPP in Kwa-Zulu Natal (KZN) filed a second supplementary affidavit, together with affidavits from SA authorities dealing with the safety of related issues and remedial measures offered by the neighbouring country.
She further referenced that on October 15, 202 after the expiry of the time for noting an appeal, Prime Minister (PM) Russell Dlamini issued a surrender order for the suspects in terms of Section 11 of the Extradition Act.
The suspects noted their appeal out of time.
In an urgent application filed before the High Court, the DPP said the Ndimande brothers filed an appeal after the expiry of time and pleaded that the court set aside to dismiss their notice of appeal and grounds of appeal file.
According to Hlophe, the application is urgent because statutorily, where there is no appeal, as in this case, the suspects must be surrendered to the requesting state (SA) within 45 days from the date of the surrender order.
She stated that extradition is founded on friendly relations and cooperation between states. If fugitives from justice in a country where they are wanted for serious criminal cases are not surrendered by Eswatini because of delays, relations between the two countries will be affected.
“Also, the Kingdom will experience challenges in making a similar request in terms of fugitives wanted for serious criminal offences to the detriment of the administration of justice,” she stated.
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Hlophe acknowledged that it takes more than 45 days for an opposed application in the normal course to be concluded, that is from institution of proceedings to delivery of judgement.
The state told the court that the suspects agreed to file responding papers on October 31, 2024, and the DPP on November 6, 2024.
Heads of argument on November 11 and 14 respectively and the matter is to be heard for arguments on November 19, 2024.
