Nengwane family sees end in sight as court weighs police role in death
Two decades after Solomon (Solly) Nengwane died in police custody, his family will finally learn whether anyone can be held responsible for his murder. A formal inquest into his death was initially set down to begin in April 2021 in the Brits Magistrates’ Court, but after five years of delays, the court granted AfriForum’s Private Prosecution Unit’s application for an informal inquest on 25 June. The court will now make its decision based on the facts contained in the docket, without hearing witnesses.
“The persons of interest deliberately delayed the finalisation of the inquest to escape accountability,” argued Advocate Gerrie Nel, head of the Unit. “The only possible finding is that members of SAPS as discussed hereunder were prima facie responsible.”
The case was initially set down for criminal prosecution, but was withdrawn in November 2020 by Advocate Sibongile Mzinyathi, Director of Public Prosecutions, and referred for an inquest.
The persons of interest in the case, suspected of being responsible for or involved in the death, are former police officers Jan Mabula, Samuel Kutumela, Vekela Moholoane, Abram Losoba and Mpikwa Makhubo. Current Crime Intelligence officer, Lieutenant Colonel Ismael Dawood is also a person of interest. Mabula is a former major general and was the Deputy Provincial Police Commissioner for Crime Detection in the North West when he retired in 2020.
The Unit represents Nengwane’s family. The 42-year-old was one of five people arrested in 2006 and questioned by police after millions of American dollars and drugs were stolen from the Benoni Police Station. Mabula was the commander of the operation that led to Nengwane’s arrest. Nengwane died during the night of 6 to 7 June 2006 while in police custody, and his body was later dropped off at hospital with rigor mortis already set in. Their version is that, while taking Nengwane on a so-called pointing out, he began having difficulty breathing, and they took him to Dr George Mukhari Hospital for treatment. However, the doctor who examined Nengwane said he had most likely been dead for at least two to three hours.
Nel argued that the persons of interest should be prosecuted. “We will argue that the initial indictment should be revived and the persons who killed the deceased and those who are guilty as being accessories after the fact should be charged for murder and defeating the ends of justice. The enduring absence of accountability in a matter of this nature represents a profound failure of justice. Few experiences can be more devastating for a bereaved family than being denied truth, closure and justice where a loved one dies whilst under the care and control of the Police,” he said.
Barry Bateman, spokesperson for the unit, said the case has exposed how law enforcement officials seemingly abuse the criminal justice system to avoid accountability. “The Solomon Nengwane case is especially significant at a time when the Madlanga Commission is exposing how police officers try to hide alleged criminality. For the past five years, the persons of interest frustrated the inquest process and prevented it from starting. AfriForum’s Private Prosecution Unit is, however, confident there is sufficient evidence in the docket to enable the Inquest Magistrate to make the necessary finding in terms of the Inquest Act and to convince the Director of Public Prosecutions to prosecute.” Bateman said.
The court is expected to make its decision before the end of July.
