By Johnathan Paoli
Suspended SAPS Sedibeng District Commissioner brigadier Abraham Mbangwa Nkhwashu has confirmed that he did, in fact request the Armand Swart murder case docket, but that it was part of a broader instruction from Gauteng Police Commissioner Lieutenant-General Tommy Mthombeni.
Appearing at the Madlanga Commission of Inquiry on Wednesday, Nkhwashu said the request formed part of a drive from the provincial leadership ordered by Gauteng Premier Panyaza Lesufi to streamline oversight over serious cases.
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“I never demanded the Armand Swart murder docket for any personal interest or improper purpose. At the relevant time, I was acting on instruction from the Provincial Commissioner [Mthombeni] to collect all case dockets that had J50 warrants of arrest and to submit them to the Deputy Provincial Commissioner of Detective Services [Major-General Mbuso Khumalo],” he said.
Nkhwashu said following a provincial top management meeting, district commissioners were instructed to collect outstanding dockets within a week and that he subsequently relayed this instruction to station-level detective commanders.
“Major General Mbuso Khumalo was to oversee those investigations as directed by the Premier. The instruction was not limited to the Katiso Molefe case. It applied to many dockets from all five districts within the Gauteng province,” he added.
Previous testimony before the commission from Crime Intelligence officer Witness B, including a recorded phone call, indicated that Nkhwashu was ardent in getting his hands on the docket.
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But Nkhwashu maintained the innocence of his request.
“I sent out instructions to the detective commanders concerned, calling for the dockets as per instruction. I received all the dockets but two, and thereafter enquired about the outstanding dockets.
According to Witness B, Nkhwashu allegedly indicated that failure to comply could result in disciplinary consequences, but noting that no formal written instruction had been communicated to her.
But Nkhwashu disputed any improper intention behind the request, and said that when he realised the docket related to a case in which he was potentially implicated, he immediately withdrew.
“I immediately called Witness B and informed her that I actually do not want that docket as I am a suspect in that particular matter. I wanted to avoid any appearance or conflict of interest,” he said.
He said he instructed that the docket be sent directly to the provincial office instead of passing through him, and claimed that while the instruction to collect dockets was initially conveyed verbally at management level, it was later followed up via email.
However, Nkhwashu conceded he is unable to produce the written communication.
Nkhwashu also addressed allegations that he interfered in the bail proceedings of former police officer Michael Pule Tau, who, along with Musa Kekana, Floyd Mabusela and Katiso “KT” Matlala stand accused of Swart’s murder.
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Nkhwashu denied any involvement, saying he had no relationship with Tau and that his only indirect connection to Tau came after a conversation with Molefe, who had asked generally about bail prospects for a “friend”.
“Then they said this police officer was going for a bail application. The word ‘bail’ reminded me that Katiso spoke about bail for a friend who had been arrested. Then I put the puzzle together,” Nkhwashu said.
He added that although he later informed colleagues about the conversation, he deliberately withheld Molefe’s name.
Nkhwashu insisted that the granting of bail to Tau was an independent judicial decision.
“The fact that the state opposed bail and the court nevertheless granted bail shows that the court made an independent decision. I had no role in that decision,” he said.
Swart was shot and killed in Vereeniging in April 2024 in what has been described as a case of mistaken identity, linked to whistleblowing.
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