The Ndimande brothers’ trial, in which they are charged with the murders of celebrity chef Tebello “Tibz” Motsoane and rapper Kiernan “AKA” Forbes, has been postponed.
The respondents asked for a postponement on Wednesday at the Manzini magistrate’s court in Eswatini, stating that they required additional time to review the extensive extradition application.
The attorney for Siyabonga and Malusi Ndimande, Sivesonke Ngwenya, stated that the paperwork is 254 pages long and that his team must carefully review each page.
Ngwenya said the documentation was only received on March 18, two days before the siblings appeared in court, and argued that this did not allow his team enough time to go through the documents.
More time required to brief the council
Additionally, he told the court that more time was required to brief the council on the trial proceedings and that his clients had instructed him to choose a particular council.
Magistrate David Khumalo was also informed that all parties would be able to find out whether or not the application has been opposed at the following court date.
If the application is opposed, the court is expected to give a direction on the matter, and if it is not postponed, the court would then advise on the proceedings.
Khumalo confirmed that the next court date should detail the outcome of the respondents’ discussion with their legal team.
“The court has been informed that the necessary application from South Africa has been received. The papers, however, came as a bulky document,” said the magistrate.
“Your attorney needs to take time to go through the papers with a view to later taking instructions from you and instructing senior counsel.
“Once that has been done and after your consultation with senior counsel, a decision will be taken by your legal team whether the application will be contested or not.”
Siblings charged with murder, among others
In the event that the application is contested, he clarified, the court will set hearing dates and provide deadlines for filing supporting documents, such as affidavits.
However, if the application is not contested, the court would set dates for arguments.
The Ndimande brothers, who were arrested by the police in Mbabane late in February, are facing charges of murder and conspiracy to commit murder.
