WATCH | State drops charges against 'kidnapping kingpin', border policeman over businessman's kidnapping

It is an injustice to the accused and family of Zak Desai that the state is withdrawing charges, says KwaDukuza magistrate Rosina Sepeng

22 January 2025 - 14:11 By MFUNDO MKHIZE
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KwaDukuza magistrate Rosina Sepeng.
KwaDukuza magistrate Rosina Sepeng.
Image: SANDILE NDLOVU

Charges against three men who had been linked to the September kidnapping of KwaZulu-Natal businessman Zakariyya Desai were withdrawn in the KwaDukuza magistrate’s court on Wednesday.

Alleged kidnapping kingpin, Mozambican national Esmael Nangy, Stefan Brites and border policeman Samkeliso Honest Mlotshwa were arrested in December and faced charges of kidnapping, extortion and attempted murder. 

Desai was kidnapped in September outside a KwaDukuza mosque and his whereabouts are still unknown. It is understood his kidnappers demanded a R35m ransom.

The matter had been set down for a formal bail application but took a twist when senior prosecutor Mahen Naidoo told magistrate Rosina Sepeng they were withdrawing charges.

A handful of Desai's family members were present.

Sepeng said: “It is very disturbing that at this stage of proceedings the state, working with the police, can now inform the court they are withdrawing charges.”

She described the move as an injustice to the suspects who have been in police custody and those who have an interest in the case.

Legal representatives of the trio did not object to the state’s move. It is understood the defence had petitioned the Human Rights Commission, public protector and the Independent Police Investigative Directorate over the arrests of the three accused. 

National Prosecuting Authority regional spokesperson Natasha Kara said after careful deliberation with the relevant stakeholders, they were withdrawing the charges.

TimesLIVE


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