Lieutenant-General Nhlanhla Mkhwanazi, the KwaZulu-Natal police chief, stands accused of obstructing the arrest of a senior correctional services official suspected of operating a drug ring within the notorious Westville Maximum Prison, located on the outskirts of Durban.
The allegations, detailed in a police report and occurrence book entry obtained by City Press, have prompted calls from within the security cluster for Mkhwanazi to face charges of defeating the ends of justice.
Westville Prison, one of the country's largest and most infamous correctional facilities, houses numerous high-profile inmates, including notorious murderer Thozamile Taki, known as the "Sugarcane serial killer." The gravity of the allegations against Mkhwanazi is amplified by the setting – a prison known for its security challenges and the potential for illicit activities.
The January 9th police report alleges that Mkhwanazi intervened to prevent the arrest of Nelisile Ndlovu, the acting prison head and area coordinator at Westville. The report, whose authenticity has been independently verified, recounts events unfolding on the evening of January 8th. At approximately 7:40 pm, members of the SAPS National Intervention Unit received intelligence suggesting a senior prison official was involved in drug trafficking.
The report explicitly states: "No application was made for a search warrant at the time as we believed reasonable suspicion on the information to be true. I also believe that if we applied for a search warrant it would have been granted. The delay to apply for a search warrant could have hampered and defeated the search."
Following the tip-off, police searched Ndlovu's residence. While the initial search yielded no illicit substances, a subsequent search of a dustbin near the kitchen door uncovered a small Samsung cellphone box containing five rounds of R5 ammunition and twelve small, foil-wrapped objects believed to be drugs.
The report continues: "The suspect cooperated the whole time in the police presence. Sergeant Gabela, from the forensic unit, collected and processed the [crime] scene. The suspect was then taken to the Empangeni SAPS, where exhibits were booked in SAPS 13."
SAPS 13 refers to the secure evidence storage facility where all exhibits related to a suspected crime are held pending court proceedings.
During the arrest processing, a provincial prisons commissioner contacted the arresting officers, questioning the arrest and inquiring about Ndlovu's identity. The officers informed the commissioner about the discovery of illegal ammunition and drugs. The commissioner, however, indicated that he would contact Mkhwanazi, who would then address the situation.
The report further alleges that a senior SAPS official at the Empangeni Police Station received orders to release Ndlovu and submit the case docket to the court the following day for prosecutorial review. Instead of initiating a criminal case, however, an inquiry was registered. The report also notes that Mkhwanazi personally contacted the station via landline.
The report quotes the officer who answered the call: "When I answered the phone and identified myself, I requested the person on the other end to do the same and he introduced himself as Major-General Mkhwanazi. I briefed him on what had happened. I was then instructed not to charge the lady [Ndlovu] and not to open any case [against her] but [that I] must register an enquiry for investigation. The General [Mkwanazi] was clear and [he] said: 'I don’t want that woman to spend any time in the cells.'"
Sources indicate mounting pressure for Mkhwanazi to be held accountable for defeating the ends of justice and abuse of power. However, Mkhwanazi's defence, as relayed by a source close to him, centres on procedural irregularities during the raid.
The source stated: “His position on the matter was that the drugs were found in a bin, not inside the house. The police officers involved [in the raid] also came from [the] national [office] and did not follow the proper procedures of informing provincial police and local police to accompany them on the raid. The other reason is that the drugs were found in a bin that could be accessed by anyone. His position was that further investigation needs to be conducted before she can be arrested.”
The source further elaborated: "Mkhwanazi was also concerned that the police officers could have planted the evidence. He asked the national office to investigate the conduct of the police officers who carried out the raid. He cannot discipline them because they report to the national office but the way they conducted the raid was questionable."
Colonel Robert Netshiunda, the KwaZulu-Natal police spokesperson, offered a different perspective. He explained that Mkhwanazi received a complaint from the regional prisons commissioner, who was surprised that the provincial commissioner hadn't been informed about Ndlovu's arrest.
Netshiunda stated: "The provincial commissioner was perplexed as he was not aware of any arrest of an area commissioner in his province. The provincial commissioner then took it upon himself to investigate the matter, only to find that a team deployed by the national head office to safeguard Richards Bay Minerals was behind the intended arrest.
"Lieutenant-General Nhlanhla Mkhwanazi, as the accounting officer of police in the province, needed to know the circumstances leading to the intended arrest. It was then explained to the provincial commissioner that the team had received a tip-off about drugs on the premises.
"The team went inside and searched the residence of the area commissioner but did not find any drugs. Then the police searched a communal rubbish bin outside the residence and found a small quantity of items suspected to be drugs. Somehow, the police took the area commissioner to the police station to arrest her."
Netshiunda clarified Mkhwanazi's actions: Mkhwanazi advised the police to log the suspected drugs into SAPS 13, send them to the SAPS Forensic Science Laboratory for analysis, and then, in conjunction with the prosecutor, register a criminal case for investigation before making any arrests.
He added: "It is the responsibility of the provincial commissioner and all his commanders to guard against any unlawful arrests and abuse of power by the police officers. To date, the team that intended to effect what would have been an unjustifiable arrest has not found any link between their intended subject and the suspected drugs they found inside a bin."
Singabakho Nxumalo, spokesperson for correctional services, deferred comment on Ndlovu's case to the police, stating: "Critically, where were those substances located? And if ever there was a criminal case, there ought to be a record for such." He affirmed that the department does not interfere with SAPS investigations but retains the authority to address misconduct within its own ranks.
"However, we can confirm that the department possesses the capacity to address and act decisively on any misconduct within our sphere of responsibility. If any official were implicated in an illegal operation, the department would have taken appropriate and resolute action in line with its mandate."
Ndlovu remains in her position and did not respond to the news crew's request for comment. The situation remains highly sensitive, with significant implications for the integrity of both the police force and the correctional services department.
