Madlanga Commission | Senona cleared of Nangy torture charges in SAPS disciplinary probe

Suspended KwaZulu-Natal (KZN) Hawks head, Major-General Lesetja Senona, has been cleared of all charges linked to the alleged kidnapping and torture of suspected Mozambican kidnapping kingpin, Esmael Nangy, following an internal South African Police Service (SAPS) disciplinary process.

The internal probe, which also involved four other senior SAPS officers, arose from allegation of kidnapping, assault and theft in the Nangy matter.

SAPS confirmed that, after a comprehensive disciplinary process and consideration of all the evidence presented, all five officers were found not guilty on all charges. The proceedings have now been finalised, with the officers formally cleared of any wrongdoing.

Senona testified on Friday at the Madlanga Commission, where he was cross-examined on his role within the Directorate for Priority Crime Investigation (DPCI), following allegations made by previous witnesses.

He appeared in high spirits following the commission’s lunch break, confirming that he had received notification that the disciplinary matter had been concluded in his favour.

Senona’s lawyer, Senior Advocate Dali Mpofu, clarified that the disciplinary hearing was unrelated to the controversial June 2021 drug bust involving the seizure of at least 541 kilograms of cocaine bricks, with an estimated street value of R200 million.

Senona is still under intense scrutiny by the commission about the operation, which was allegedly mishandled by officers.

He maintains that he relied on information provided by his subordinates regarding the handling of the scene, adding that disciplinary action should be taken against those responsible if wrongdoing is established.

Senona also rejected claims that he refused to reinstate Warrant Officer, Karl Sander, following a recommendation from suspended KZN Hawks Serious Organised Crime Investigation (SOCI) commander, Brigadier Campbell Nyuswa.

He says he does not recall the request being made, adding that he only indicated to Nyuswa that Sander should return to the Hawks’ SOCI division following his temporary placement.

He further explained that SOCI consists of five supporting pillars, including the Economic Protected Resources (EPR) unit, where Sander was later placed.

Senona said Nyuswa, in his capacity as provincial commander, had the authority to determine which unit Sander should be deployed to.

“And then when we talk about SOCI, the provincial commander who is responsible for serious organized crime units, which are five in the province, is Brigadier Nyuswa. So if he decided to place him at the EPR he should have given the reasons why he did that because, I must say, we comply with instructions and if we are not happy with it, we comply first, and then we complain,” he added.

Senona further told the commission that Sander was at liberty to approach a DPCI judge if he have felt aggrieved by the temporary transfer.

This follows a complaint that was reportedly laid against Sander, alleging that he was “treading on other people’s toes”, which led to his temporary transfer from the South African Narcotics Enforcement Bureau (SANEB).

Senona also dismissed claims by Durban SOCI Commander, Colonel Gavin Jacobs, that he was not present when Sander was placed on temporary transfer.

Jacobs previously told the commission that he does recall the incident occurring after a complaint was lodged at Senona’s office against Sander.

Senona insists that Jacobs was present when Sander was summoned and informed of the decision.

He said that although Jacobs’ version contradicts his, a letter relating to the matter was signed in Jacobs’ presence by Senona in his capacity as provincial head, temporarily transferring Sander to the Acting Provincial Commander post between January and February 2024, a position currently occupied by Nyuswa.

Sander corroborated Senona’s account during his testimony, confirming that Jacobs was present in Senona’s office when he was informed of the transfer.

Senona rejected suggestions that he transferred Sander for nefarious reasons, saying he was merely implementing a directive from then Hawks national head Lieutenant-General, Godfrey Lebeya, and Hawks Head of Executive Support Services, Major-General Jessica Surajbali.

However, the commission’s evidence leader, Advocate Mahlaphe Sello, said no record of any directive from Surajbali could be found.

Senona further accused the commission of treating him unfairly, with his lawyers expressing concerns about how the proceedings have been conducted.

His legal representative, Senior Advocate Dali Mpofu, said his client is dissatisfied with what he describes as the commission’s inadequate response to requests for information relating to allegations made against him, claiming Senona received dismissive, unreasonable, or at times no responses at all.

“In fact, without getting into much detail, one of those responses was something like; well you don’t have to know what other people have said about you, just say what you know, kind of thing, and it will be hard to believe that this is a policy of this commission because, as we know, people have the right of reply. I mean that’s one of the fundamental rights under the rubric of our constitution,” said Mpofu.

Mpofu also argued that Senona is being denied a fair opportunity to respond to allegations, saying while some witnesses may have implicated him, he still has the right to know the case against him and defend himself.

He further argued that Senona should not have been recalled to testify, maintaining that he had already dealt with issues relating to him during his previous appearance before the commission.

“We might be wrong about this but, under no scientific analysis, he is probably a witness who has been called more than anyone else to come back here despite the fact that he testified for three days in January,” he said.

Written by: Odirile Rabalao