Solomon ‘Solly’ Nengwane death: Inquest targets police after 20 years

Two decades after Solomon “Solly” Nengwane died in police custody, the fight for accountability has come to a head, with a long‑delayed inquest finally moving forward and former senior police officers now facing the prospect of being held responsible for his death.

A formal inquest into Nengwane’s death was initially set down to begin in April 2021 in the Brits Magistrate’s Court.

Lack of evidence

However, the National Prosecuting Authority’s (NPA) Director of Public Prosecutions in Pretoria at the time, Advocate Sibongile Mzinyathi, declined to prosecute the officers, citing a lack of evidence.

That decision stood in stark contrast to recommendations by Investigating Directorate head Hermione Cronje in January 2020, which called for the officers to stand trial.

Now, after five years of delays, the court granted AfriForum’s Private Prosecution Unit’s application for an informal inquest on 25 June.

The court will make its decision based solely on the facts contained in the docket, without hearing witnesses.

Accusations

Head of AfriForum’s Private Prosecution Unit, Advocate Gerrie Nel, accused former police officers of deliberately stalling proceedings.

“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,” Nel said.

“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 Citizen has reached out to the police and the NPA for comment.

Persons of interest

The case was initially set down for criminal prosecution but withdrawn in 2020 and referred for an inquest.

Persons of interest include former police officers Jan Mabula, Samuel Kutumela, Vekela Moholoane, Abram Losoba and Mpikwa Makhubo. Current Crime Intelligence officer Lieutenant Colonel Ismael Dawood is also implicated.

Mabula, a former major general, was Deputy Provincial Police Commissioner for Crime Detection in the North West until his retirement in 2020.

AfriForum’s Private Prosecution Unit represents Nengwane’s family.

Death

The 42‑year‑old was one of five suspects arrested in June 2006 after millions of US dollars and drugs were stolen from the Benoni Police Station.

Mabula commanded the task team that tracked him down. Nengwane died overnight in custody, his body later delivered to the hospital with rigor mortis already set in.

Police claimed he suffered an asthma attack during a “pointing out,” but medical evidence suggested he had been dead for hours. The team, led by Mabula, stand accused of beating him to death and then embarking on a cover‑up.

Enforcer

Mabula is seen as an enforcer and has played a role in several politically tainted arrests, including those of former KZN Hawks head Johan Booysen and forensic investigator Paul O’Sullivan.

He has close links to fired deputy NPA boss Nomgcobo Jiba and ex‑Crime Intelligence Unit head Richard Mdluli.

Ruling

Barry Bateman, spokesperson for AfriForum’s unit, said the matter highlights systemic abuse.

“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 court is expected to deliver its decision before the end of July, potentially reviving criminal charges against senior Saps members.