Two brothers accused of killing South African rapper Kiernan Forbes, stage name AKA, have lodged a last-minute appeal to block their extradition from Eswatini.
Their move came just before the 14-day deadline to contest the extradition order expired on Wednesday, effectively pausing the transfer until their appeal is heard.
Siyabonga and Malusi Ndimande, named as suspects in the February 2023 murders of AKA and his friend Tebello “Tibz” Motsoane in Durban, claim they fled South Africa due to safety concerns.
According to court filings in Eswatini’s High Court, the brothers allege that police in South Africa threatened their family to force their surrender, warning they could be shot if they did not comply.
The brothers are invoking legal protections under the Southern African Development Community (SADC) protocol, arguing that extradition should be denied if there is a risk of torture or inhumane treatment. They contend that South African authorities failed to adequately address their safety concerns.
The Ndimandes also requested the involvement of the South African Human Rights Commission (SAHRC) to oversee their extradition process and ensure their safety. They criticised the Director of Public Prosecutions in KwaZulu-Natal, Advocate Elaine Harrison, for not confirming whether the SAHRC would be involved in the case.
Their legal submission claims “the SAHRC, as an independent institution, was never consulted to offer input or support during the extradition process.”
The brothers argue that there was no urgency in processing the extradition and assert that justice must be transparent and fair. They believe their appeal has strong prospects of success and hope that the court will reconsider their case.
The extradition order was initially granted in August 2023, but it now faces delays as legal proceedings continue.
