A Mozambican businessman who was among the three kidnapping victims allegedly
tortured by cops under the command of KwaZulu-Natal police chief Lt-Gen Nhlanhla
Mkhwanazi is demanding R10-million in damages from the police chief and his colleagues.
Esmael Nangy filed a lawsuit in the Pretoria High Court, demanding the
staggering amount for unlawful arrest and torture. The suit will now run parallel to a criminal case he opened with the Hawks.
Nangy’s wife has also opened a case with the Hawks against Mkhwanazi’s disciples after she complained that they stole six Rolex wristwatches from their Midstream estate home in Ekurhuleni during one of their raids when they were looking for evidence to incriminate Nangy in the kidnapping.
In the suit papers, which we have seen, Nangy’s legal representative, Adv Ricardo Arcangeli, said his client was arrested together with his brother-in-law, Setefane da Costa Brites, and a police officer, Samkeliso Mlotshwa, for the kidnapping of KwaZulu-Natal businessman Zakariyya Desai, from whom they allegedly demanded a R35-million ransom.
They were detained at the KwaDukuza police station, but were later taken to what appeared to be a farm.
“At this farm, Mr Esmael Maulide Ramos Nangy and Mr Samkeliso Honest Mlotshwa alleged that the following persons were present and directly took part in the unlawful assault on them: Cpt Enoch, Const Ndlovu, Mr Yusuf Desai, Col Dawood, Const Singh, Col Govender; and Lt-Gen Nhlanhla Lucky Mkhwanazi”.
Ricardo said Nangy, Brites and Mlotshwa were detained from September 2024 to
January 22, 2025, when the state withdrew all charges and released them.
Nangy is demanding R10-million for his suffering. Richardo said R5-million is for unlawful arrest and detention, while the other R5-million is for assault, contumelia, pain and suffering.
Richardo said Nangy has also filed a second claim in which he wants the court to issue a final interdict against Dawood and detective Ramatsa, who negligently searched his leased premises by breaking the front door of the unit four months ago.
Richardo said that the two officers did not have a search warrant or an arrest warrant, nor did they have reasonable cause to arrest him.
He argued that the two were further assisted by four other officers to unlawfully and intentionally seize personal property belonging to him.
Other things belonging to Nangy that were taken include an iPhone 16 (2025
model); two Louis Vuitton bags; BMW keys; VW Golf keys, and a Mercedes-Benz vehicle.
Nangy said the minister of police, Ipid, Public Protector Kholeka Gcaleka, the South African Human Rights Commission, the inspector-general of intelligence, the national commissioner of police Gen Fannie Masemola, and the private security regulator have failed to crack the whip against these wayward cops, leaving him with no other option but to approach the court.
“The grounds upon which the final interdict is claimed against the officers are that the plaintiff has a clear right not to be subject to arbitrary and unlawful arrest, detention and
assault…
“That the plaintiff has no alternative remedy to an interdict, having without success or result reported the material facts that have given rise to his initial arrest, which led to his detention in KZN in circumstances where the defendants, acting in collusion with one another, continue to harass the plaintiff.”
