Durban – KwaZulu-Natal’s suspended provincial police commissioner will not return to work, despite a court decision in her favour handed down on Tuesday.
According to a statement released by the police on Tuesday, Lieutenant-General Mmamonnye Ngobeni’s execution application to return to work was granted by the Durban High Court.
However, acting national commissioner Lieutenant-General Khomotso Phahlane said they would be appealing the whole judgment and order.
In the statement, Phahlane noted the court judgment but said Ngobeni’s suspension would continue pending the finalisation of the appeal process.
“Her attorney will be requested to inform his client not to return to work,” read the statement.
Ngobeni was suspended in May last year, amid allegations of gross misconduct over her links with businessman Thoshan Panday.
The current legal dispute is over Phahlane’s decision to suspend Ngobeni and convene a misconduct board of inquiry in relation to the allegations dating back to 2010. Ngobeni challenged Phahlane’s authority to convene the board of inquiry.
“The ongoing legal dispute between the parties is based on points of law and the interpretation of certain sections of the South African Police Service Act and should not be construed as a personal or malicious vendetta against an individual. The management of the South African Police Service is of the opinion that allegations made should be fully investigated in a transparent and accountable manner in order for justice to be served and be seen to be served,” read the statement.
The police said Major General Bheki Langa will continue to serve as the acting provincial police commissioner for KZN.