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Ad Hoc Committee | Suspended police sergeant alleges torture and assault by Mkhwanazi

Mayibongwe Maqhina|Published

A witness accused KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi of assault and torture before the Ad Hoc Committee on Friday.

Image: Facebook / SAPS

Suspended police sergeant Samkeliso Mlotshwa accused KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi of being involved in an assault and torture following the kidnapping of a businessman in 2024.

Testifying before the Ad Hoc Committee on Friday, Mlotshwa said Mkhwanazi’s remarks before the committee and the Madlanga Commission that National Commissioner Fannie Masemola was at the gates of prison were due to his direct participation in torture, illegal rendition, arson, and defeating the ends of justice.

“It is my firm opinion Lieutenant-General Nhlanhla Mkhwanazi panicked when rumours of the possible arrest of the National Commissioner General Fannie Masemola were being circulated in the media, and he realised that a new Acting National Commissioner could have appointed a Board of Fitness to determine his culpability and involvement in this case.

“I believe this contributed to the calling of the July 6 press briefing,” he said.

Mlotshwa, who joined the SAPS in 2006, was a member of the Border Policing Unit at the Lebombo port of entry in Komatipoort, Mpumalanga.

He said his troubles started when KwaDukuza businessman, Zakariya Desai, was kidnapped in September 2024, at Stanger in KwaZulu-Natal, after he was alleged to be one of the suspects.

Mlotshwa said he had received a call while he was on a business trip to Mozambique, that there were gunmen looking for him at his house.

He said he had contacted the Matsulu SAPS and requested them to attend the scene.

“They found the guys who introduced themselves as police from KwaZulu-Natal working on the case. I was so relaxed because I had nothing to do with kidnapping,” said Mlotshwa, adding that his house was burnt by the KwaZulu-Natal police to cover up their actions.

On November 23, 2024, he was arrested by SAPS members based in Mozambique, who questioned him about the kidnapping of Desai while he was at a restaurant to repatriate remains of a client for his funeral business.

Mlotshwa stated he was taken to Maputo, where he was detained as an illegal immigrant.

On November 28, he was relocated to the Lebombo border post and handed over to the Directorate of Priority Crime Investigation’s tracking team.

“They took me to KwaDukuza. I was handcuffed with no official documents shown. They said I was arrested for kidnapping, attempted murder, and extortion.”

Mlotshwa said his co-accused, who included Esmael Maulide Ramos Nangy, were already arrested and were detained at Westville Prison in Durban.

He told the Ad Hoc Committee that on December 9, he and Nangy appeared before the KwaDukuza Magistrate’s Court, and the case was remanded after the investigating officer requested the court to do so. 

He claimed that he and Nangy were booked out of the police station and moved to a farm at night in private vehicles, one belonging to Desai’s brother Yakoob, who was assisting the police in the kidnap case.

Mlotshwa stated that upon their arrival, they were separated, and he was brought to the same place where he and his co-accused were assaulted and tortured in the presence of Mkhwanazi.

“I was told by the provincial commissioner to undress until I was naked. I was instructed to squat before my co-accused’s private parts,” he said.

“He went as far as to tell me that I should have committed suicide rather than come to KwaZulu-Natal. I was also subjected to having a plastic bag filled with water placed over my head and suffocated until I almost passed out, and the police officer released me to allow me to breathe.”

He claimed that he was forced to make a confession with a promise of R500,000 to implicate Nangy.

Mlotshwa, who made several allegations of abuses by the police, said they were denied medical treatment, and his co-accused was once left at prison when they were to apply for bail.

He said the case was dismissed in January 2025 after the court said, “after careful consideration, the matter is withdrawn”.

Mlotshwa said he was still on suspension following an irregular procedure that was followed.

“I must deal with mental issues. I must attend to psychiatrist and must pay cash because they cancelled my medical aid and everything.”

The Ad Hoc Committee heard testimony from Mlotshwa only as opposed to four scheduled witnesses.

One witness, Teenage Kumbe, apparently did not obtain prior permission from the State Security Agency.

No reasons were given when the committee abruptly adjourned proceedings before

Paulina Ramajooa and Theresa Raphoto gave their testimonies.

Committee Chairperson Soviet Lekganyane announced that Masemola will give his oral evidence on Tuesday.

Mkhwanazi is expected to be the last to give evidence before the committee concludes its proceedings.

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