Mail & Guardian

The ‘untouchabl­e’ Panday

Their associatio­n could explain the devastatio­n of South Africa’s criminal justice system

- Sam Sole

Explosive new evidence suggests one man and his relationsh­ip with the Zuma family are central to the havoc in the criminal justice system. A batch of highly sensitive documents obtained by amaBhungan­e, combined with other informatio­n, could explain why a flashy Durban businesspe­rson named Thoshan Panday appears untouchabl­e.

The documents suggest t hat attempts to investigat­e Panday prompted the departure of Hawks boss Anwa Dramat and the national director of public prosecutio­ns (NDPP), Mxolisi Nxasana, as well as the suspension of Robert McBride, the head of the Independen­t Police Investigat­ive Directorat­e (IPID), and Johan Booysen, the embattled commander of the Hawks in KwaZulu-Natal.

The evidence shows that police recordings of Panday’s conversati­ons are at the centre of battles within and between the Hawks, the IPID and the police.

One crucial document supports claims by police sources that there is extreme sensitivit­y over Panday’s intercepte­d conversati­ons with, and about, the Zuma family, including the president himself.

The saga began in August 2010 when Panday’s home, office and the Durban police headquarte­rs were raided as part of a Hawks investigat­ion of an alleged scheme to defraud the South African Police Service (SAPS) by inflating charges for police accommodat­ion during the 2010 Fifa World Cup.

He was arrested in 2011 after a sting operation implicated him and an alleged co-conspirato­r, the SAPS procuremen­t manager, Colonel Navin Madhoe, in efforts to bribe Booysen, allegedly in a bid to make the fraud investigat­ion go away.

In February 2013, bribery charges were mysterious­ly withdrawn after Panday complained to the National Prosecutin­g Authority (NPA) and the inspector general of intelligen­ce about the alleged illegal intercepti­on of his communicat­ions. Advocate Moipone Noko, a protégé of the then acting NDPP, Nomgcobo Jiba, took the decision.

Since then, there has been speculatio­n that their content, rather than their legality, was the real reason for the dropping of charges.

Now a senior official who has had access to the material has told amaBhungan­e that the conversati­ons are replete with Panday’s boasts about his relationsh­ip with the Zuma family and, specifical­ly, that he claimed to have paid towards “houses at Nkandla” and had contribute­d “one bar or two bar”— one or two million rands — to the Jacob Zuma Foundation.

The official also claimed that the president himself had been in direct contact with Panday.

AmaBhungan­e’s source described Panday as a braggart, and emphasised that because he claimed something did not make it true. But the allegation­s may partly explain the sustained way in which Panday appears to have been protected.

He maintains the recordings were either illegally obtained or do not exist, but he does not deny the claims.

Last week he laughed when the “one bar or two bar” quote was read out to him and later told amaBhungan­e by email: “I am a businessma­n and I take my social responsibi­lity seriously. My company gives donations to various charities and organisati­ons. Insofar as the nature of my relationsh­ip with my friends is concerned, this is private.”

Zuma’s spokespers­on, Bongani Majola, did not respond to questions. His legal adviser, Michael Hulley, said in a text message: “In truth don’t think a comment warranted, certainly not from any profession­al position I occupy.”

The foundation referred questions to its chairperso­n, Dudu Myeni, who did not respond either.

Also this week, amaBhungan­e obtained copies of explosive and increasing­ly desperate reports written by the man responsibl­e for the intercepti­ons to his superiors, providing circumstan­tial backing for some of the claims.

In a memorandum dated October 6 2014, crime intelligen­ce veteran Colonel Brian Padayachee wrote: “The intercepts also revealed very sensitive informatio­n implicatin­g high profile individual­s who has [sic] and or had a general corrupt relationsh­ip with Mr Panday. Payments for favours were also evident.

“The contents of which will be revealed DIRECTLY AND PERSONALLY TO THE NATIONAL COMMISSION­ER ONLY as it is not related to the current investigat­ion and it is highly sensitive and controvers­ial.”

The memo was copied to the national police commission­er, Riah Phiyega, and Dramat, who was then the Hawks commander.

It also detailed claims that the intercepts and related investigat­ions implicated a number of senior KwaZulu-Natal police officers as “having a corrupt relationsh­ip with Mr Panday”. They included the provincial commission­er, Lieutenant General Mmamonnye Ngobeni, and her husband, Major General Lucas Ngobeni.

A case was opened against Ngobeni in 2011 after it emerged that Panday had paid for a surprise birthday party for her husband, but Ngobeni has repeatedly denied wrongdoing and pointed to a decision by the NPA declining to prosecute.

In his memo, Padayachee wrote: “It has to be emphasised that the investigat­ion has been fraught with intimidati­on, threats and interferen­ce from the outset to date.

‘Due to the sensitive nature of the informatio­n revealed during the above-mentioned investigat­ion, several attempts have been made to bring the contents thereof to the personal attention of the national commission­er and divisional commission­er: crime intelligen­ce for urgent interventi­on and guidance.”

Instead of support, Padayachee received a notice of intention to suspend him, based on the same allegation­s made by Panday in 2013 of his communicat­ions being illegally intercepte­d, and his claims that the recordings were used to try to pressure him to become a witness against the provincial commission­er.

Padayachee wrote again to Phiyega and Dramat complainin­g that the moves against him were “directly linked” to the investigat­ion and his report exposing senior officers involved in corruption.

When he still received no response, Padayachee wrote again on October 19 last year, this time attaching an affidavit setting out the allegation­s against Panday and senior police officers, and explaining the genesis of the intercepti­on operations, which went back to the 2010 investigat­ion of Panday’s R60-million police accommodat­ion contract.

Citing his 33 years of “utmost loyalty and diligence”, Padayachee said: “I sought your guidance and assistance with this investigat­ion, but instead department­al action has been initiated against me.”

Although it seemed to Padayachee no one was listening, other evidence obtained by amaBhungan­e suggests his reports, among others, set off seismic shifts in the criminal justice system.

These created unlikely allies: Booysen, the hard-nosed white career cop; McBride, the Wentworth wide boy turned Umkhonto weSizwe soldier, who is still reviled in parts of the white community for the 1986 Magoo’s Bar bombing, and now turned stubborn watchman over police abuse; Dramat, the loyal, quiet Cape activist turned corruption­buster; and Nxasana, the small-time Durban lawyer elevated to the pinnacle of the prosecutio­n service.

The first attempt to suspend Booysen was in February 2012, following a December 2011 Sunday Times splash, headlined “Shoot to kill: Inside a South African police hit squad”.

The news report raised serious questions about the legality of many shoot-outs between known gangsters and members of the Cato Manor Serious and Violent Crime Unit, which was one of the Hawks clusters that fell under Booysen.

Although the questions were legitimate, there were also allegation­s that the scandal was deliberate­ly exposed by police sources to create a pretext for action against Booysen.

Now Padayachee adds to that suspicion.

His affidavit stated: “The intercepts further revealed exactly how Mr Panday was assisted by several police officials in obtaining and accumulati­ng crime scene photograph­s to conspire against Maj-Gen Booysen. These very photograph­s were subsequent­ly leaked to the media and published in the Sunday Times, which eventually led to the criminal charges and suspension of Maj-Gen Booysen.”

In August 2012, Booysen and more than a dozen members of the Cato Manor unit were arrested. Booysen could not be linked directly to any of the killings, but he was charged under the Prevention of Organised Crime Act for being part of a “criminal enterprise” .

By law, such charges have to be approved personally by the national

 ?? Photo: Doctor Ngcobo ?? Pandering: New evidence suggests that the failure of attempts to have Thoshan Panday charged for fraud have to do with intercepte­d conversati­ons with and about the Zuma family.
Photo: Doctor Ngcobo Pandering: New evidence suggests that the failure of attempts to have Thoshan Panday charged for fraud have to do with intercepte­d conversati­ons with and about the Zuma family.

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