The alleged conspiracy-to-murder case involving Shallcross-based spiritual leader Ashley Padayachee has been provisionally withdrawn in the Durban Regional Court, after prosecutors cited incomplete investigations and gaps in the evidence.
The case against Naresh Uthamlal (52), his wife Asha (49), their son Saihil (20), and their daughter’s boyfriend Sohail Mohamed (22) was withdrawn during proceedings last Tuesday. The group had been charged with allegedly conspiring to kill Padayachee (30).
According to Padayachee, the matter had been expected to proceed, with the accused due to submit replying papers. However, the proceedings took an unexpected turn.
“A day which was supposed to be where the accused would give their replying papers turned into the case being provisionally withdrawn. As we walked into the courtroom, the Uthamlal family sat and laughed at us and behaved as if they already knew the outcome,” he said.
The court’s decision means the accused are no longer facing charges at this stage, and their bail money has been returned. However, the withdrawal is not final, and the case may be reinstated once investigations are complete.
The Padayachee family emphasised that they remain confident the matter will return to court.
“This is only a provisional withdrawal. We are adamant that the law will still take its course once the investigation is completed,” the family said.
Following the hearing, the family engaged with a prosecutor, who explained that the withdrawal was due to outstanding investigations and critical gaps in the docket.
It is understood that senior prosecutors had flagged concerns around incomplete evidence. Key investigative steps—such as obtaining Section 205 bank records and cell phone data—had not yet been finalised. The investigating officer reportedly acknowledged the importance of this evidence.
Further issues included the need to corroborate witness statements, verify financial transactions allegedly linked to the case, and ensure that all recordings and supporting materials are properly processed and submitted in line with evidentiary requirements.
While some documents, including bank statements, were reportedly in the file, they had not been obtained through the correct legal channels and could not be relied upon in court at this stage. In addition, certain recordings had not yet been formally submitted into the docket.
As a result, prosecutors withdrew the charges to allow for further investigation. Once all outstanding evidence is properly obtained and filed, the matter may be reinstated and placed back on the court roll.
Padayachee maintains that substantial evidence had already been submitted by the family.
“We are simply in shock as to why our safety is being ignored, even though there was life-threatening evidence submitted. But at the same time, we were not surprised. Many civilians face injustice all the time in South Africa,” he said.
“We now not only have to fear for our lives, but also face defamation because of lies and injustice. Victims are being defamed while criminals are given preference,” Padayachee said.
Despite the setback, the family says they remain committed to seeing the matter through.
“We are working on making sure the investigation is finalised once the docket returns to Chatsworth. Although we are tired of going back and forth, at least we know we tried our best to keep our family safe. This is a case of conspiracy to murder, despite the allegations made by the accused. Where is the humanity in people who condone this? It is sad,” he added.
The Merebank and Chatsworth Tabloid Newspaper reached out to the accused family’s legal representatives for comment, but no response had been received at the time of publication.
