Durban -
KwaZulu-Natal provincial police commissioner Mmamonnye Ngobeni’s association with Durban businessman Thoshan Panday is back in the spotlight as an independent forensic audit apparently shows a “possible corrupt relationship” between them.
This was alleged in an affidavit filed in the Durban High Court on Thursday by provincial Hawks head Major-General Johan Booysen.
Booysen filed the affidavit in support of an urgent application to interdict the national police commissioner, General Riah Phiyega, from dismissing him.
In the affidavit, Booysen alleged that, apart from police investigations which revealed a connection between Lieutenant-General Ngobeni and Panday, there was an audit done by PriceWaterhouseCoopers.
Although The Mercury had previously reported on the police probes, this was the first time it had emerged that there was an independent report which alluded to a “corrupt” relationship between Ngobeni and Panday.
Booysen alleged – and advocate Nazeer Cassim SC, who presided over Booysen’s disciplinary inquiry, found – there was evidence that Ngobeni repeatedly interfered in a R60 million police tender fraud investigation involving Panday and policeman Navin Madhoe.
Ngobeni was also a suspect in a corruption probe into allegations that Panday paid for her policeman-husband Lucas’s birthday party in 2011.
After an investigation, a decision was taken not to prosecute her.
On Thursday, Ngobeni, who was recently reappointed to her post for another five years, said the matter had gone to the National Prosecuting Authority which had declined to prosecute her.
She also questioned the authenticity of the audit report and how it was obtained by Booysen.
Panday said the matter was sub judice, but he reserved his rights.
“Past experience has shown that Booysen has no qualms to abuse the media in his goal to mislead the public,” Panday said.
Judge Peter Olsen granted Booysen an interim order, which was taken by consent, and which interdicted Phiyega from discharging Booysen pending the finalisation of the matter, to be heard in March.
In his affidavit, Booysen said he had received a letter from Phiyega in which he was asked to provide reasons by December 19 why he should not be discharged.
The letter claimed the discharge was necessary to avoid “reputational damage” to the police.
It said there was a “complete breakdown in trust” between Booysen and Ngobeni because of the allegations made against her.
Phiyega said she believed there would be “chaos” if Ngobeni and Booysen had to work in the same place, and two meetings to resolve the problems had been unsuccessful.
He said before the letter, Phiyega asked him to consider moving out of KZN, remaining on special leave or taking early retirement so Ngobeni did not have to work with him.
Booysen said he had no problem working with Ngobeni and there was no “professional reason” to prevent them from doing so.
“If the provincial commissioner has a problem working with me, having regard to the fact that I have been exonerated and she has been criticised, that is hardly a lawful and proper basis for the first respondent (Phiyega) to dismiss me.”
He said Phiyega wanted to get rid of him to “undermine” Hawks investigations which could implicate Ngobeni: “It is designed to send a message to members of the directorate that certain kinds of investigations are off limits at the direction of the provincial commissioner.”
He said he believed Phiyega wanted to discharge him so she did not have to produce a transcript of what she said during his disciplinary inquiry.
Booysen was cleared of wrongdoing by Cassim, but the police have taken the decision on review.
Ngobeni did not testify during the inquiry, despite being called, but Phiyega testified instead.
Booysen said Cassim had found that Phiyega’s testimony was “unsatisfactory” and appeared to support the contention that he was charged in an effort to get rid of him.
The Mercury