The Independent Police Investigative Directorate (IPID) is finalising a process to arrest a warrant officer involved in the killing of 16-year-old Kwazi Ndlovu, who was shot while sleeping on a couch at his home in KwaZulu-Natal (KZN) 13 years ago.
Ndlovu died under questionable circumstances when armed members of the controversial Durban Organised Crime Unit burst into his home at Esikhawini in Empangeni on the North Coast and fired shots in his direction.
The members of the unit later claimed that they were in pursuit of a prison escapee who was believed to be hiding in Ndlovu’s home. They also made statements alleging that the teenager was armed when he was shot dead, something members of the community strongly refuted.
Although none of the officers was ever successfully prosecuted for the case, one human rights activist, Mary de Haas, has refused to let the matter die down.
For more than a decade, De Haas has been calling for justice for Kwazi and taking steps to bring his death to the attention of the National Prosecuting Authority (NPA).
De Haas has also written emails to KZN provincial office of the Director of Public Prosecution (DPP), advocate Elaine Zungu, and the National Director of Public Prosecution (NDPP), advocate Shamila Batohi, with no success, even though she argued that there was enough evidence to prosecute the police officers, especially when she learned of the intention to avert prosecution in the form of an inquest.
But her efforts paid off, because Zungu eventually issued a warrant of arrest against one of the cops.
“I have instructed the Head of IPID KZN to obtain a warrant for the arrest of Gonasagren Padayachee in order to obtain his presence in court, at Esikhawini. I intend, once the preliminaries have been dealt with, to transfer the case for trial to the Durban Regional Court,” wrote Zungu on March 23 this year.
Sunday World has reliably learned that IPID is in the process of charging the suspect named in the DPP’s communique about prosecution.
“The police officer will possibly be appearing in court this week as IPID finalises its processes,” said a source.
NPA national spokesperson advocate Mthunzi Mhaga declined to comment, saying “That is a matter that falls squarely within KZN DPP office. Prosecutorial decisions (in this matter) are not taken by Advocate Batohi but the DPP in KZN,” said Mhaga.
On Thursday, the NPA’s regional communications director in KZN, Natasha Ramkisson, said she would forward a Sunday World media inquiry to Zungu.
IPID spokesperson Lizzy Suping could not comment because she was on leave. The communication officer she referred the media inquiry to was not immediately available for comment.
De Haas and Kwazi’s father Sbusiso Ndlovu said they would only comment once the police officer named in Zungu’s prosecution directive has appeared in court.
“We are not in a position to comment on this matter in the media until the officer has been charged and has appeared in court,” De Haas said.
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