The Lebombo Port of Entry policeman who had faced kidnapping charges, since dismissed by a KZN court, has laid criminal charges against the Hawks.

According to Lowvelder, the charges include kidnapping, theft, extortion, malicious damage to property, assault with intent to do grievous bodily harm, defeating the ends of justice, arson, and attempted murder.

Sergeant Samkelo Honest Mlotshwa (39) said he was also instituting a civil lawsuit against the SAPS for what he termed wrongful arrest and torture.

He and two others were charged with the kidnapping of a KZN businessman in KwaDukuza on the night of September 10 last year.

Desai’s Cash and Carry owner Zakariyya Desai was kidnapped by men armed with AK-47 assault rifles when he came out of a mosque.

The kidnappers, who were driving a VW Polo, fired shots, but no one was hit.

The KZN police’s Directorate for Priority Crime Investigations, known as the Hawks, took over the investigation.

Detectives crisscrossed several provinces, including Gauteng and Mpumalanga.

On November 21, 2024, the Hawks raided Mlotshwa’s house in Matsulu, allegedly using force to enter.

They did not find anyone inside, but after the raid, the house was destroyed by fire, allegedly started by arsonists.

His lawyer, Advocate Vusi Sekgodi, said Mlotshwa told him the Hawks had requested community members to torch the house, claiming he was a kidnapper.

The Hawks searched Mlotshwa’s other house in the township and found his service pistol, later handed in to the Matsulu Police Station.

They then went to his barracks at the Lebombo Port of Entry, but Mlotshwa was not there either.

He has since accused the police of stealing some of his belongings during the searches.

“They stole black shoes, one boot, two perfumes, sunglasses, a PlayStation 5 with two controls, a five-litre bottle containing R5 coins, and R10 000 cash meant for a stokvel,” said Mlotshwa.

On November 23, 2024, Mlotshwa was arrested in Bilene by Mozambique Republic Police officers, who, according to him, introduced themselves as members of Interpol.

“They locked me up at a police station called Decima Oitava Esquadra in Maputo and beat me up over five days. On November 28, they handed me over to the Hawks at the Lebombo Port of Entry without following extradition laws,” said Mlotshwa.

The Hawks’ provincial spokesperson in KZN, Lieutenant Colonel Simphiwe Mhlongo, informed Lowvelder at the time that Mlotshwa had been arrested in Mbombela.

Mlotshwa was taken to KwaDukuza in KZN, where he joined his co-accused, Ismael Maulide Ramos Nangy and Stefane Pereita Da Costa Brites, who had been arrested previously in Gauteng.

The three men spent Christmas 2024 and New Year in Durban Westville Prison. The charges were thrown out of the KwaDukuza Magistrate’s Court on January 22 due to a lack of evidence.

“During our incarceration, I was booked out several times by officers and taken to a farm where I was tortured, as the police believed I knew Desai’s whereabouts,” claimed Mlotshwa.

He said the police told the court in KwaDukuza that he was arrested in Komatipoort.

“It was a lie. They know they should have followed the correct extradition procedures but ignored them on purpose,” said Mlotshwa.

Mlotshwa’s explanation was supported by an entry in the police Occurrence Book at the Lebombo Port of Entry, which Lowvelder has a copy of, indicating he was handed over to the Hawks by Mozambican police and immigration officers.

Mlotshwa, Nangy, and Brites have approached their attorneys to institute civil lawsuits against the police. They laid criminal charges at the Bedfordview Police Station on February 19.

The Independent Police Investigative Directorate (IPID) has taken up the matter.

“The case has been reported to IPID and is under investigation. The investigation is at an early stage,” said IPID national spokesperson Phaladi Shuping.

Mhlongo said the Hawks were unaware of the charges.

“The Hawks management in KZN is not aware of any criminal case opened against the members at this stage. However, we can confirm that the accused had been arrested and charged for kidnapping and extortion. The case has since been withdrawn against him and his co-accused,” said Mhlongo.

Desai was released from captivity in the second weekend of February, but Mhlongo refused to comment further.

Mlotshwa returned to work at the Lebombo Port of Entry on March 13, saying a doctor had booked him off since his release from custody.

“I was referred to psychologists for the traumatic experience I was subjected to. It is even sadder that I was at work at the Lebombo Port of Entry when the alleged kidnapping took place,” said Mlotshwa.

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