Seventh Postponement in Durban Police Brutality Case

• For the seventh time this year, the trial of 17 SAPS officers involved in the death in custody of Regan Naidoo was postponed in the Durban Magistrates’ Court.
• This time the outcome of a Legal Practice Council complaint against a former state prosecutor who turned defence advocate is delaying the case.
• Meanwhile, the other legal representatives and the State held a successful pre-trial meeting in October.
• Charges against three of the 17 officers were withdrawn on Friday.

For the seventh time this year, the trial of 17 SAPS officers involved in the death in custody of Regan Naidoo in 2018 was postponed in the Durban Magistrates’ Court.

Naidoo had been arrested on suspicion of possessing a firearm believed to have been used in a crime. An inquiry later by the Independent Police Investigative Directorate (IPID) revealed that the weapon in question was never recovered from Naidoo, who was kept for several hours in the holding cells at Chatsworth Police Station.

Timothy Naidoo told GroundUp that on the night of his son’s arrest, he visited the police station and was told Regan was not in their custody. But the IPID investigation contradicts this, because at 3am police officers reported that Naidoo was unresponsive in his cell. He was taken by police van to RK Khan Hospital, just a few hundred metres away, where he was declared dead on arrival.

Initially, 22 police officers were arrested and charged with murder, attempted murder, torture, kidnapping and defeating the ends of justice. But charges were dropped against four of the officers and one accused died in a police shootout in 2023.

On Friday, the remaining 17 officers appeared in court. Their legal representatives filled the courtroom, even the standing space. Magistrate Maryn Mewalal presided.

The State withdrew charges against Mlamhli Nthuthuka, Eric Morajane and Sihle Ngidi. Their representative, advocate Anil Sukdeo told the court he had no further submissions.

Advocates Shane Matthews, Christo Swart and Carl van der Merwe told Magistrate Mewalal that they’d reached consensus with the State in an informal pre-trial hearing on 11 October. They are ready to proceed with pre-trial proceedings.

Prosecutor Surekha Marimuthu said she was also ready to proceed.

But attorney Avir Maharaj, on behalf of former prosecutor advocate Kuveshni Pillay (now representing accused Rajen Sauders) requested an adjournment pending the outcome of a complaint sitting before the Legal Practice Council (LPC).

The State has asked for Pillay to be removed from the matter on the grounds that as the former prosecutor, she could have had sight of the State’s case against the accused.

On 8 August, the State sought the LPC’s guidance. The LPC gave Pillay until 31 October to file a response. Maharaj said Pillay drafted a response to the LPC last week.

Magistrate Mewalal issued an order to compel the LPC to submit its findings before 14 November.

Outside court, Naidoo’s father, Timothy, told GroundUp that he also submitted a written complaint to the LPC about Pillay’s conduct after her sudden appearance for one of the accused. He said it was unconscionable to think that a former prosecutor could justify representing an accused in a matter in which she might have had knowledge.

The case was adjourned to 14 November for pre-trial hearing.

Previous postponements GroundUp covered in the Naidoo case:

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