Phoenix mother Jessica Naidoo has petitioned the Madlanga commission of inquiry to investigate the police station that failed her murdered daughter.
Sasha Lee Monique Shah was gunned down in the parking lot of Gateway Mall on October 30 2022 by her former boyfriend Kyle Inderlall after a Phoenix police captain failed to remove his firearm in accordance with a protection order against him.
As punishment, the captain who headed the Domestic Violence Unit was given a slap on the wrist ― a two-month suspension ― for her role in Shah’s death and moved to the community service desk. Inderlall took his life a few days later.
Now Naidoo is awaiting police feedback on her request to review the penalty against the person whom she says failed her daughter.
In April last year she filed a criminal complaint against the captain, and in February the director of public prosecutions authorised prosecution against the captain for culpable homicide and contempt of court. Summons, however, is yet to be served.
National Prosecuting Authority (NPA) KwaZulu-Natal spokesperson Natasha Ramkisson-Kara said the matter is receiving attention and they are liaising with Naidoo.
Two weeks ago, Naidoo petitioned the Madlanga commission to investigate her daughter’s death ― as well as two other murders investigated at the Phoenix police station which were named at the commission earlier this month — to determine whether they expose common or systemic failures requiring further investigation.
“I do not suggest that these three matters are factually identical, nor do I ask the commission to presume that misconduct, corruption, interference or criminality has been established merely because these matters concern the same police station. Rather, I respectfully ask the commission to examine the underlying evidence and the matters cumulatively and determine whether they disclose any broader institutional or systemic problems.”
The Madlanga commission said it would consider her dossier.
KZN police spokesperson Col Robert Netshiunda said: “Everybody has the right to express their views and seek justice. It is her constitutional right to take any actions if she feels hard done by.
“Police do not discuss investigations, whether criminal or internal disciplinary processes, with the media. Also, police are not commenting on any matter discussed or mentioned at the commission as you stipulated.”
The purpose of the Sasha Lee law is not to replace existing protections. It is to ensure that those protections actually work.
— Jessica Naidoo, mother of Sasha Lee Monique Shah
In addition, Naidoo is hoping to honour her daughter and other gender-based violence victims with the Sasha Lee Justice and Firearm Accountability Act, 2025, which she has proposed to heighten police accountability in gender-based violence incidents.
“Over the past three-and-a-half years, I have undertaken extensive research into South Africa’s legislative and operational framework governing domestic violence, firearm control, police accountability and the protection of victims.
“This research has been informed by official court records, legislation, disciplinary proceedings, inquest findings, parliamentary processes, government policies and, most importantly, my own lived experience of navigating the criminal justice system following the murder of my daughter.
“Through this research, I identified significant gaps within the current legal and operational framework, particularly the absence of clear and effective accountability mechanisms where members of the police fail to enforce court-ordered firearm removals or comply with their statutory obligations under domestic violence legislation.”
She said the proposed legislation seeks to strengthen the enforcement of protection orders, establish mandatory compliance procedures, improve oversight and introduce greater accountability where institutional failures may place victims of domestic violence and GBVF at risk.
“The purpose of the Sasha Lee law is not to replace existing protections. It is to ensure that those protections actually work. There is no point in having a protection order on paper if the person who is supposed to be protected is not actually protected. There is no point having a firearm-removal order if the firearm remains in the hands of the person against whom the order was made.
“Instead of watching my daughter build her career, fulfil her dreams and perhaps one day have a family of her own, I have spent these years navigating the criminal justice system in search of accountability. Sadly, I know that our family is not the only one experiencing this.”
The proposed reform has been presented to various national and provincial stakeholders. The Sunday Times has seen acknowledgements and messages to consider her proposal by a number of them, including the speaker of the National Assembly, the portfolio committee on police, the minister of justice and constitutional development, and the KwaZulu-Natal premier.
Gender specialist and researcher Lisa Vetten said she could understand Naidoo’s work to honour her daughter’s memory and effect change with the Sasha Lee Shah law.
She suggested a quicker way to bring change is to target single provisions to existing acts looking at the clauses affecting the breakdown in the justice chain.
“We should aim for trying to knit together the different pieces of legislation so that instead of having these parts you have a whole, which is comprehensive protection. The emphasis on firearms control is correct we must prevent a repeat of current patterns and create the awareness.”
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