Nkhwashu: I would not have moved Swart docket if I wanted to interfere

Brig Abraham Nkhwashu says if he wanted to tamper with the case of murdered Armand Swart, he would not have moved the docket out of his district.

Swart died after being shot 23 times in Vereeniging as he sat in his vehicle in what is believed to have been a case of mistaken identity. He worked for a company that had blown the whistle on suspicions regarding fraud and corruption linked to a Transnet tender contract.

Nkhwashu was appearing before the Madlanga commission and is accused of attempting to seize the Swart murder docket by threatening investigators, only to later retract the demand after becoming a suspect himself.

In his testimony, Nkwashu said he never demanded the docket for any personal interest or improper purpose but asked for it, among others, including Katiso “KT” Molefe’s case, on the instructions of the provincial commissioner.

He said he was later contacted by Witness B, who said she had found out that he was looking for the docket, something he did not deny.

Nkwashu said Witness B told him that she could not hand it over, as it had been taken by the director of public prosecutions, so he asked for the director’s email details.

However, Nkwashu said he later retracted the request because he realised that after looking at the case number, it was one where an arrest had occurred in April and he was a suspect in the matter.

“I said ‘ngiyi suspect’ not because I believed I had done anything wrong, but because an informer had previously told me that my name was being mentioned in connection with the [Michael] Tau matter and that I was under investigation. I wanted to avoid any appearance of a conflict of interest,” he said.

Tau is a former police officer who has been arrested for Swart’s murder.

“I therefore stepped away from handling that specific docket and informed Witness B accordingly,” Nkwashu said. “I did not destroy or conceal any evidence. I simply recused myself from handling that docket because I knew I was under investigation.”

Nkhwashu added that after the arrest of three suspects in the Swart matter, the docket was transferred to the organised crime unit at the provincial headquarters, where Witness B worked.

“If I had any personal interest in the docket, I would not have moved it out of my district, where I had command and control over it. I did not do so because I never had any interest in that particular docket,” he said.

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Meanwhile, Nkhwashu testified on the allegation of interfering in the case by making an unauthorised prison visit in an unregistered vehicle to deliver supplies to murder-accused Katiso ‘KT’ Molefe.

He said on December 6 2024, he learned from his sister-in-law Fundiswa Nyangule that her husband, Molefe, had been arrested.

“I was shocked and asked what the charge was; she said she did not know. On December 9, Katiso appeared in the Vereeniging magistrate’s court. I was at work and did not attend.

“Fundiswa attended the court proceedings. After court, she came to my office and said she was unable to give him clothes and food, and she asked me to assist,” he said.

Nkhwashu said he contacted a correctional services official to confirm whether Molefe was being held at Groenpunt prison.

After finishing work, he went to the prison, identified himself, and explained he was there to deliver clothing. He was told that visiting hours were over. While he could not see Molefe, he was told he could leave clothing with the staff, though food was not allowed.

“I deny that I attempted to interfere in any manner,” Nkhwashu said. “My conduct was limited to assisting my sister by facilitating the delivery of clothing to her husband while he was in custody. This was a personal and humanitarian act,” he said.