The lawyer for the three men accused of the September 2024 kidnapping and R35-million ransom demand involving Zak Desai, Esmael Maulide Ramos Nangy, Setefane Pereira da Costa Brites, and Samkeliso Mlotshwa has accused KZN police top brass, including SAPS provincial commissioner Nhlanhla Mkhwanazi, of misconduct and procedural irregularities.
The matter is related to an IPID investigation in which KwaZulu-Natal’s top cop, Lt-Gen Mkhwanazi, and several police officers are facing a slew of serious allegations, including abduction, torture, arson, perjury, and illegal extradition.
The allegations, laid out in a confidential police report and a detailed affidavit from one of the alleged victims, Esmael Maulide Ramos Nangy, have triggered parallel investigations by authorities, including the Independent Police Investigative Directorate (IPID).
Nangy, Setefane Pereira da Costa Brites, and Samkeliso Mlotshwa were accused of participating in the September 2024 kidnapping and robbery of businessman Zak Desai and demanded R35-million from him.
However, the charges were abruptly withdrawn on January 22, 2025, leaving the accused and their legal representatives to allege procedural irregularities and unlawful conduct by the police.
Adv Ricardo Arcangeli alleges in an exchange of correspondences with law enforcement agencies that the police failed to follow proper procedures during the arrest and detention of his clients.
According to Arcangeli, the police unlawfully seized a significant amount of personal property belonging to the accused, including luxury items such as Rolex watches, a Versace bracelet, and a Mercedes Benz, and R53 000 in cash.
The accused claim they were not provided with the requisite police slips, which are necessary for the return of seized property.
In a letter addressed to Captain Azile Enoch of the Directorate of Priority Crimes, Arcangeli detailed the alleged misconduct, stating that the police had failed to provide proper documentation for the seized items and had been unresponsive to attempts to arrange their return.
“The impression that we are left with is that you are purposefully avoiding dealing with the issues pertaining to our clients’ property, particularly the Mercedes Benz,” Arcangeli wrote in his letter.
He has since issued a formal demand for the return of the property within five days, warning that failure to comply will result in legal action at the Durban High Court.
Arcangeli has also suggested that the arrest and detention of his clients may have been unlawful, citing a lack of sufficient evidence to justify the charges.
The state’s case against the accused was based on allegations that they acted in furtherance of a common purpose to kidnap and rob Desai.
However, the withdrawal of charges has raised questions about the strength of the evidence and whether the police acted prematurely.
Arcangeli said his clients will not tolerate further delays or obstructions.
He said legal action could result in significant costs for the state and further damage the reputation of the police. On Saturday, Arcangeli said with regard to Mkhwanazi, his clients would not comment due to the seriousness of the allegations and the ongoing commission of enquiry.
