State to get racketeering certificate in corruption case of Thoshan Panday, Mmamonnye Ngobeni

• The State asked for a postponement of the corruption case involving controversial businessman Thoshan Panday and former KZN top cop Mmamonnye Ngobeni.
• But the defence raised concerns about delaying in 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 so that it can obtain a racketeering certificate

The State's application for the postponement was argued in the Durban Magistrate's Court on Wednesday after the defence raised concerns about delays in the case.

Prominent Durban advocate Jimmy Howse, who represents Panday, argued that a postponement was not justified because the case was pending for "nine to 10 years".

"It is a case of the State not having its house in order. The current rule the courts work on is, as far as possible, [that the] investigation [should] be done first. The rest is to follow. The reason is to avoid prejudice. This case illustrates that has not been done. With a racketeering certificate, why not get your indictment in order, and then have the accused in court?"

Howse said he would oppose the application because no proper reasons were given.

"...all charges are in 2010 and 2011. We are talking nine or 10 years ago. That equates to the State having 9 to 10 years to investigate these matters and have their house in order."

On behalf of the other accused, Ngobeni and Colonel Navin Madhoe, lawyer Ravindra Maniklall said: "Ngobeni is being paraded 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 him money he does not have to be here."

Magistrate Vanitha Armu ruled that the matter be postponed, saying that prosecutor Talita Louw's request for an postponement, to meet with the National Director of Public Prosecutions (NDPP) to obtain a racketeering certificate, was reasonable.

"Although the offences [were in] 2009 and 2010, the accused were only arrested in October this year. The State is not asking for an adjournment for further investigations. It is applying for an adjournment for the NDPP to issue a racketeering certificate."

She added that it was the first postponement the State sought.

"The court cannot see how it would not be in the interest of justice. It is one adjournment in order to complete [these processes]."

She added that the accused were out on bail, that the argument that Ngobeni was paraded 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 to 17 December.

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