Durban police brutality case: trial date finally set but only for December

Regan Naidoo’s family sit in the gallery at Durban Magistrates Court where a trial date has been set down for December 2026. Photo: Benita Enoch

A trial date has at last been set in the matter of Regan Naidoo who died in police custody in 2018. The case involves 14 Durban police officers accused of murder, attempted murder, kidnapping, torture, and defeating the course of justice.

The trial has been delayed repeatedly for seven years. And Tuesday’s hearing did not proceed without its challenges.

Having told the court previously that his clients had instructed him to step down as their legal representative, advocate Carl van der Merwe said this was a “misunderstanding” and that only one of the accused had new representation.

But Magistrate Mayne Mewalal stressed that the matter had been on the court roll for seven years and pressed him on how he had misunderstood an application to step down. The advocate repeated his reasoning.

The defence then raised an issue that one of the accused, Rajen Saunders, is a witness in another matter before Mewalal.

The state said it saw no issue with Mewalal continuing to preside over the matter as Saunders had suffered no credibility issues with his testimony in the other matter.

The defence objected, calling for Mewalal to recuse herself.

Mewalal then transferred the case.

The new presiding officer, Magistrate Mcanyana briefly reviewed the charge sheet and set a trial date for 7 December.

Outside court, Naidoo’s family said the start of the trial would fall on Regan’s son’s birthday. His son had not yet been born at the time of his death.

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