Pretoria – A Mozambican businessman, Esmael Nangy, is suing the KwaZulu-Natal provincial police commissioner and several of his colleagues for R10 million, alleging unlawful arrest and torture at the hands of officers under the command of Lieutenant-General Nhlanhla Mkhwanazi, the KwaZulu-Natal police chief.
Nangy has filed a lawsuit in the Pretoria High Court, seeking the substantial sum as compensation for his alleged ordeal. This legal action runs parallel to a criminal case that Nangy has opened with the Hawks, South Africa's Directorate for Priority Crime Investigation.
The lawsuit stems from Nangy's arrest, along with his brother-in-law, Setefane da Costa Brites, and a police officer, Samkeliso Mlotshwa, in connection with the kidnapping of KwaZulu-Natal businessman Zakariyya Desai. The trio were accused of demanding a R35 million ransom for Desai's release.
According to the lawsuit papers, seen by this publication, Nangy's legal representative, Advocate Ricardo Arcangeli, states that his client was initially detained at the Kwadukuza police station. However, they were subsequently transported to what appeared to be a farm.
Arcangeli alleges that it was at this farm where Nangy and Mlotshwa were subjected to unlawful assault by a group of individuals, including police officers and a civilian. "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," the lawsuit states.
Nangy, Brites, and Mlotshwa were detained from September 2024 to 22 January 2025, when the state withdrew all charges against them, leading to their release.
Nangy's R10 million claim is broken down into two equal parts: R5 million for unlawful arrest and detention, and R5 million for assault, contumelia (intentional humiliation), pain, and suffering.
In addition to the lawsuit, Nangy's wife has also filed a case with the Hawks, alleging that Mkhwanazi's officers stole six Rolex wristwatches from the couple's home in the Midstream estate in Ekurhuleni during a raid. The raid, she claims, was conducted under the guise of searching for evidence to incriminate Nangy in the kidnapping case.
Nangy has also filed a separate claim seeking a final interdict against Colonel Dawood and Detective Ramatsa, accusing them of negligently searching his leased premises four months ago by forcibly breaking down the front door. Arcangeli argues that the two officers did not possess a search warrant or an arrest warrant, nor did they have reasonable cause to arrest Nangy.
Furthermore, Nangy alleges that the two officers, assisted by four others, unlawfully and intentionally seized personal property belonging to him, including an iPhone 16 (2025 model), two Louis Vuitton bags, BMW keys, VW Golf keys, and Mercedes-Benz keys.
Nangy contends that various authorities, including the Minister of Police, the Independent Police Investigative Directorate (Ipid), Public Protector Kholeka Gcaleka, the South African Human Rights Commission, the Inspector-General of Intelligence, National Commissioner of Police General Fannie Masemola, and the Private Security Industry Regulatory Authority (PSIRA), have failed to take action against the officers involved. He claims that this lack of accountability has left him with no alternative but to seek legal recourse through the courts.
“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," the lawsuit states.
The allegations against the officers are serious and raise concerns about police conduct and accountability. The outcome of both the lawsuit and the criminal case opened with the Hawks will be closely watched as they unfold in the coming months.
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