Judge sets aside suspension of KZN top cop

KZN police commissioner Lieutenant-General Mmamonnye Ngobeni’s suspension has been set aside by the high court.

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Durban - KwaZulu-Natal police commissioner Lieutenant-General Mmamonnye Ngobeni’s suspension has been set aside.

High Court Judge Nkosinathi Chili, who handed down his judgment on Wednesday, also found that the decision to set up a board of inquiry to determine whether she was guilty of misconduct and her fitness to hold office should be set aside.

The provincial police commissioner was suspended on May 17 by the acting national police commissioner Lieutenant-General Khomotso Phahlane.

She then lodged an urgent application to have it set aside and Judge Chili heard argument in June.

The application was brought against the acting national police commissioner, MInister of Police Nathi Nhleko and the provincial executive council in KwaZulu-Natal.

According to Ngobeni’s affidavit, if the acting national police commissioner wanted to have a board of inquiry set up to investigate allegations of misconduct against her, Nhleko should have first referred these allegations to the provincial executive council for consideration. It would then refer it to the police minister, who would in turn, if he thought fit, give the statutory notice to the acting commissioner.

Ngobeni was first served an intention to suspend letter in March, when she responded with reasons why she should not be suspended.

In the replying correspondence, Phahlane explained that the board of inquiry was not based on a loss of confidence in Ngobeni from the provincial council and said no notice was issued by the council and referred to the minister.

The four counts to be discussed at the board of inquiry date back to 2010. “I submit that it is preposterous to suppose that I should be suspended after this lengthy period of time,” Ngobeni said in her affidavit.

Count one alleges Ngobeni committed misconduct by receiving “an undue benefit” from uMhlanga businessman Thoshan Panday, in that he paid for her police officer husband Lucas’s birthday party on May 29, 2010.

Count two alleges she is guilty of defeating the ends of justice and that she ordered a criminal investigation against Panday be stopped.

Count three alleges she failed and or omitted to work actively toward preventing any form of corruption and to bring the perpetrators to justice.

This refers to the contract Panday’s company was awarded by police services to accommodate police deployed during the 2010 Soccer World Cup.

The fourth count refers to the three other counts in that she allegedly breached the principles of the police code of conduct.

Ngobeni denied all the charges. Her appointment had been renewed in 2014 for a further five years.

“It’s clear from the provision of section 207 (2) of the Constitution that the national police commissioner does not have the untrammeled powers to investigate and ‘discipline’ the provincial commissioner,” the judgment read.

Judge Chili found that establishing a board of inquiry without following the proper notice was “premature, unlawful and falls to be set aside”.

Ngobeni was not in court when the judgment was handed down.

Daily News