Eswatini has brought an application to retain four cellphones found in possession of siblings accused of killing rapper AKA.
Principal crown counsel Macebo Nxumalo on Tuesday told a court in Eswatini the cellphones were recovered when brothers Siyabonga Gezani Ndimande (Nxele) and Malusi Dave Ndimande (Mjay) were arrested.
The siblings, from Durban, were arrested by members of the Royal Eswatini Police Service at their rented flat in Zone 4 in Mbabane.
Nxumalo said on the issuance of the detention order, the cellphones would be handed over to South African police.
The duo’s lawyer, Sivesenkhosi Ngwenya, opposed the application. He asked the court not to issue the order as he had not seen the application and needed time to go through it.
He said he would then take instructions from his clients.
Principal magistrate David Khumalo ruled there was no prejudice to be suffered by the prosecution in the event the order was not issued on Tuesday.
Ngwenya also raised concerns about his clients’ security. He said they had no problem with being extradited but wanted their safety and security guaranteed.
The court heard the South African national director of public prosecutions had not filed the application for the extradition of the Ndimande brothers.
Nxumalo told the court they had been assured by their South African counterparts that the application for the extradition of the two would be filed soon.
He asked the court to withdraw the request for the provisional arrest of Lindokuhle Ndimande, who was the third accused person on the charge sheet presented to the court on March 1 when they made their first appearance.
Nxumalo said they had been informed Lindokuhle had been subsequently arrested in South Africa.
The order for the withdrawal was granted and endorsed by magistrate Khumalo.
There were armed officers from the correctional services in court.
The matter was postponed to March 12.
Source Times live
