Naidoo family breaks down in court as police brutality case postponed yet again

The aunt, Ruby Mahalingan, and mother, Cookie Naidoo, of Regan Naidoo, who died in police custody, console each other outside the Durban Magistrates’ Court on Thursday. Photo: Benita Enoch

The National Director of Public Prosecutions (NDPP) came under fire on Thursday in the Durban Magistrates’ Court for taking six weeks to refer a matter back to the KZN Director of Public Prosecutions.

On trial are police officers who allegedly tortured and killed Regan Naidoo in August 2018.

In September, the defence approached the provincial director of public prosecutions (DPP) to rule on whether an audio recording, believed to be of a state witness and an unnamed accused discussing the case, presented an ethical issue that would require an application to have state prosecutor Surekha Marimuthu removed from the proceedings.

The DPP had refused to consider the matter. The defence then escalated the matter to the national directorate.

Avir Maharaj, representing accused police officer Rajen Saunders, told Magistrate Mayne Mewalal that he sent follow up emails and made phone calls to the NDPP, but to no avail.

The NDPP took six weeks to respond, only to tell the defence that the DPP should have made a ruling. Magistrate Mewalal questioned why the NDPP had failed to refer the matter directly to the DPP to reply.

Magistrate Mewalal postponed the case until 16 February 2026, pending the ruling from the DPP.

Family traumatised

Naidoo’s mother, Cookie, broke down at the news of yet another postponement.

“Regan was my right hand,” she said. “When he was killed, everything collapsed … I have never been the same since that night.”

“All we want is to be heard. The evidence tells Regan’s side of the story. Why are we dogged with delay after delay? This is too much.”

Naidoo’s widow, who was 26 when he died, was absent from court. She told GroundUp that she could no longer face the emotional rollercoaster of attending court only to be confronted by yet another delay.

Naidoo’s father, Timothy, said he would be writing to the head of the NDPP, Shamila Batohi.

More than 20 police officers were originally arrested, 14 of them are now on trial for murder, attempted murder, kidnapping, torture and defeating the course of justice.

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