Durban police brutality case: another step closer to trial after seven years of delays
The case of Regan Naidoo’s death-in-custody has been repeatedly postponed by procedural disputes and legal representation issues
By Benita Enoch
16 February 2026
Regan Naidoo’s mother Cookie, father Timothy and aunt Premmie Pillay. “We will continue to pitch up for our son. Our fight is not over yet,” said Naidoo’s mother. Photo: Benita Enoch
- Repeated postponements and administrative inertia have plagued the case since Regan Naidoo’s death in police custody in 2018.
- 14 police officers remain in the dock after 22 were charged.
- On Monday, the state and defence signalled their readiness to proceed to pre-trial.
- A pretrial conference with a new presiding officer is set down for 20 March.
After seven years of procedural and administrative delays in the case of the death of Regan Naidoo in police custody, a new pre-trial conference has been set down for 20 March.
Fourteen police officers are charged with murder, attempted murder, torture, kidnapping, and defeating the ends of justice. They appeared in the Durban Magistrates’ Court on Monday.
At their last appearance, the defence was awaiting the outcome of an appeal to the National Director of Public Prosecutions (NDPP) over an evidentiary issue regarding a state witness. On Monday, the NDPP dismissed the appeal saying any disputes should be ventilated during the trial.
Addressing presiding Magistrate Mayne Mewalal, defence attorney Avir Maharaj confirmed the defence was happy to accept the NDPP’s ruling. “We have exhausted all avenues,” he said.
Mewalal noted the defence’s stance and ordered a new pre-trial conference to clarify the issues ahead of the trial.
A new presiding officer will take over from Mewalal.
Milestones in the case
28 August 2018 - Regan Naidoo, 31, is arrested at a petrol station in Chatsworth on suspicion of having a gun used in a crime.
29 August 2018 - Naidoo is found unresponsive in holding cells at Chatsworth Police Station at approximately 3am. He is allegedly taken by police van to RK Khan Hospital and pronounced dead‐on-arrival. According to previous media reports, police claimed Naidoo choked on a pie, but the family’s private pathologist indicated Naidoo suffered multiple fractures and blunt force trauma to the head.
An investigation by the Independent Police Investigative Directorate concludes and the case is referred to the National Prosecuting Authority.
23 September 2021 - Nine police officers appear in court on charges of murder, attempted murder, torture, kidnapping, and defeating the course of justice. They are: Malcolm Naicker, Ugeshan Govender, Proshen Lutchman, Cedric Ian Pillay, Xolani Quinton Sosibo, Kubendran Kisten, Christopher Kistan, Idrin Maistry and Brian Naidoo.
27 September 2021 - Nine more police officers are arrested and charged. They are: Eric Morjane, Mlamhli Ntutuka, Andries Botes, Ralph Ogle, Eric Karsen, Muhammed Raoof, Pushpanthan Pillay, Sihle Ngidi, and Trevor Chetty.
1 October 2021 - Charges are brought against three more officers, Rajan Sanders, Riyadh Adam, and Devendra Chetty.
Multiple postponements are granted by Magistrate Mayne Mewalal over the next three years.
The state withdraws charges against seven officers, reducing the case to 14 accused. Charges were dropped against Kistan, Maistry, Ogle, Ntutuka, Morajane, Ngidi, and also Major General Kevin Christopher James (charged in September 2022).
Meanwhile: 23 November 2023 - One of the accused, Riyadh Adam’s is killed in a mall robbery shootout.
November 2024 - Mewalal certified the case to be trial ready and sets down the matter for 30 June 2025.
2025 - An audio recording that allegedly might compromise the state’s case emerges and the defence launches an application. Mewalal postpones the case so the defence can approach the local Director of Public Prosecutions.
2026 - The National Director of Public Prosecutions rules that the defence must continue with the trial and ventilate issues in that forum.
