Inquest into Solly Nengwane’s 2006 death restarts after 20 years with police named as persons of interest

A long-delayed inquest into the 2006 death of Solomon “Solly” Nengwane in police custody has been allowed to proceed, bringing senior police officers back into the spotlight two decades after the incident.

Background and legal history

An inquest into Nengwane’s death was originally set down to begin in April 2021 at the Brits Magistrate’s Court. At the time, the National Prosecuting Authority’s then-Director of Public Prosecutions in Pretoria, Advocate Sibongile Mzinyathi, declined to prosecute the officers involved, citing a lack of evidence.

That decision contrasted with a recommendation by Investigating Directorate head Hermione Cronje in January 2020, which called for the officers to stand trial.

AfriForum wins application for informal inquest

After several years of delay, the court on 25 June granted AfriForum’s Private Prosecution Unit an application for an informal inquest. The court will make its decision based solely on the facts contained in the docket, without hearing witnesses.

AfriForum and family representation

AfriForum’s Private Prosecution Unit represents Nengwane’s family in the matter.

Accusations and persons of interest

AfriForum’s unit head, Advocate Gerrie Nel, accused former police officers of deliberately delaying the proceedings. Nel said:

“The persons of interest deliberately delayed the finalisation of the inquest to escape accountability. The only possible finding is that members of Saps were prima facie responsible. Few experiences can be more devastating for a bereaved family than being denied truth, closure and justice where a loved one dies whilst under the care and control of the police.”

The persons of interest named in the case include former police officers Jan Mabula, Samuel Kutumela, Vekela Moholoane, Abram Losoba and Mpikwa Makhubo, as well as current Crime Intelligence officer Lieutenant Colonel Ismael Dawood.

Jan Mabula is identified in the docket as the officer who commanded the task team that tracked down Nengwane and was Deputy Provincial Police Commissioner for Crime Detection in the North West until his retirement in 2020.

Circumstances of Nengwane’s death

Nengwane, then 42 years old, was one of five suspects arrested in June 2006 after millions of US dollars and drugs were stolen from the Benoni Police Station. He died overnight in custody and his body was later delivered to the hospital with rigor mortis already set in.

Police claimed he suffered an asthma attack during a “pointing out”, while medical evidence in the file suggested he had been dead for hours. The team led by Mabula is accused of beating him to death and then covering up the incident.

Responses and next steps

Barry Bateman, spokesperson for AfriForum’s unit, said the case illustrates systemic problems and noted its relevance amid public inquiries into police conduct:

“The Solomon Nengwane case is especially significant at a time when the Madlanga Commission is exposing how police officers try to hide alleged criminality. For the past five years, the persons of interest frustrated the inquest process and prevented it from starting.”

The Citizen reported that it reached out to the police and the NPA for comment.

The court is expected to deliver its decision before the end of July, and that ruling could potentially revive criminal charges against senior members of the South African Police Service.