KZN police boss probe revived

Police are pressing ahead with an internal probe into KwaZulu-Natal police commissioner Lieutenant-General Mmamonnye Ngobeni’s relationship with Durban businessman, Thoshan Panday. The probe, prompted by an Independent Police Investigative Directorate (Ipid) report early this year, had stalled until Tuesday’s announcement by the national police spokesman, Lieutenant-General Solomon Makgale, that the appointment of a new investigator – an advocate – to handle the probe was under way. “The internal probe never took off because it was discovered later that the person identified to lead the investigation was no longer available. “Now, an independent advocate has been identified to handle the probe. The parties concerned are working on the details, and terms and conditions of the investigation,” he said. He said the next step would be determined by the report compiled by the advocate.

“Having looked at Ipid’s report, we (had to) identify an investigator, as we did now, and, if the results of the investigation prove that there is merit in Ipid’s report, then we implement the recommendations. “If it is proven that there was indeed misconduct on the part of General Ngobeni, then a board of inquiry will look into why police commissioner General Riah Phiyega did not suspend the provincial commissioner,” he said. Among allegations are that Panday bankrolled a lavish birthday party for the commissioner’s husband, was involved in a R60 million corruption case involving an accommodation tender scam during the soccer world cup and tried to bribe Major-General Johan Booysen to drop an investigation into the R60m issue. Panday has denied these allegations. So has Ngobeni, in the one involving her. On Thursday Panday said: “There were no formal charges brought against me. The Directorate of Public Prosecutions found that it had no prima facie case against me. The prosecuting authority would be going to court with dirty hands. I therefore reserve all my rights. All allegations now are merely media hype.”

The allegations against Panday were provisionally withdrawn in 2013 because of problems with evidence, and last year they were withdrawn because of irregularities. When Phiyega was suspended on Wednesday, before an inquiry on her fitness for office, Dr Johan Burger, senior researcher at the Institute for Security Studies, differed with Mokgale on the Ipid mandate. He said the internal investigation subsequent to the Ipid report was just a “manoeuvre” by Phiyega to protect Ngobeni. “The Ipid Act is clear. Once the police directorate concludes its investigation, the police should then implement the recommendations,” he said. “It’s clear that certain individuals enjoyed protection in Phiyega’s tenure, sadly at the expense of police service integrity. She turned a blind eye on a number of concerns about individuals in her department, including the Ngobeni-Panday matter. “The police commissioner has 30 days to initiate remedial action after receiving Ipid’s recommendations,” Burger said.

On Tuesday, Eyewitness News published a series of letters online. These dated back to January and were written by the now suspended Ipid boss, Robert McBride, accusing Phiyega of failing to comply with Ipid legislation. In one letter to Police Minister Nkosinathi Nhleko, dated January 13, McBride accused Phiyega of failing to take disciplinary steps against Ngobeni for alleged corrupt dealings; renewing her contract instead of taking disciplinary steps; and unduly interfering in corruption investigations. McBride’s lawyer, Jose Nascimento, on Thursday said: “I don’t think it’s prudent to comment on the letter at the moment because the matter was sub judice.” When contacted for comment, Ngobeni said she was busy and hung up. Police spokesman, Major Thulani Zwane, said the matter was old, but being handled by the police’s national office. The minister’s spokesman, Musa Zondi, would not confirm McBride’s letter to his boss. DA spokesman for police, Zakhele Mbhele, said the allegations against Phiyega about enabling a corrupt environment in KZN to thrive strengthened the case that she was unsuitable for her position.