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Thoshan Panday, Durban businessman. (Witness Media, Media24, archive)
- The State requested the postponement of the corruption case involving controversial businessman Thoshan Panday and former KZN policeman Mmamonnye Ngobeni.
- But the defense raised concerns about delaying the case.
- In the end, the postponement was granted.
The State has secured a postponement in the corruption case of controversial businessman Thoshan Panday and former KwaZulu-Natal Police Commissioner Mmamonnye Ngobeni in order to obtain an organized crime certificate
The state’s request for the postponement was argued in Durban Magistrates Court on Wednesday after defense raised concerns about delays in the case.
Prominent Durban defender Jimmy Howse, who represents Panday, argued that a postponement was not justified because the case was pending for “nine to ten years.”
“It is a case that the State does not have the house in order. The current norm on which the courts work is, as far as possible, [that the] investigation [should] Ask yourself first. The rest is to follow. The reason is to avoid prejudice. This case illustrates that it has not been done. With a racketeering certificate, why not get your indictment in order and then take the defendant to court? “
Howse said he would object to the request because proper reasons were not given.
“… all the charges are from 2010 and 2011. We are talking about nine or 10 years ago. That is equivalent to the State having 9 to 10 years to investigate these matters and have your house in order.”
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On behalf of the other defendants, Ngobeni and Colonel Navin Madhoe, attorney Ravindra Maniklall said: “Ngobeni is being exposed in front of the media. It is not constitutional for her to be here. Madhoe is retired from the police force and it is costing the money doesn’t have to be here. “
Judge Vanitha Armu ruled that the matter be postponed, saying that prosecutor Talita Louw’s request for postponement to meet with the National Director of Public Prosecution (NDPP) to obtain a certificate of organized crime was reasonable.
“Although the offenses [were in] 2009 and 2010, the defendants were arrested only in October of this year. The State does not request a postponement for new investigations. He is requesting a postponement for the NDPP to issue an extortion certificate. “
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He added that it was the first postponement sought by the State.
“The court cannot see how it would not be in the interest of justice. It is a postponement to complete [these processes]. “
He added that the defendants were free on bail, that the argument that Ngobeni was exposed in front of the media was not a point of consideration and that Madhoe had chosen to resign from the police force.
The case was postponed until December 17.
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