Eswatini brothers who allegedly killed AKA refused to be handed over to SAPS

Legal experts have deemed the request made by Siyabonga Gezani Ndimande (Nxele) and Malusi Dave Ndimande (Mjay), implicated in the murders of AKA and Tibz, to be handed over to South African prison authorities instead of the South African Police Service (SAPS) during their extradition from Eswatini as legally impermissible.

The Ndimande brothers were apprehended by members of the Royal Eswatini Police Service (REPS) in Mbabane, where they were hiding in a rented flat.

During discussions with their legal representatives, the brothers expressed their reluctance to be handed over to SAPS officials.

Instead, they requested to be handed over to South African prison authorities, citing concerns for their safety.

However, legal experts have emphasized that excluding police officers from the extradition handover process is not legally permissible.

Prof Retselisitsoe Phooke, a law expert at the University of Fort Hare, highlighted the integral role of police officers in the criminal justice system.

He stated, “The criminal justice system is a chain and the SA police are one of the key components. You cannot remove one component and expect the system to be effective.”

The request made by the Ndimande brothers raises questions about the complexities of extradition processes and the roles of different law enforcement agencies in ensuring the effective administration of justice.

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