Businessman in court tussle over car ‘not broke’
CONTROVERSIAL Durban businessman Visham Panday wanted to set the record straight that he was not “destitute and broke”.
The Sunday Tribune reported last week on the alleged theft of his expensive car and subsequent court application he filed with the Durban High Court recently.
Panday, represented by advocates Veren Sitaram and Christo van Schalkwyk, claimed in documents his Mercedes Benz was allegedly stolen by Metro police Captain Myen Marcus Moodly in March 2016. He opened theft charges. Panday also laid a complaint with the Metro Police regarding Moodly’s role. Panday has since grown dissatisfied with how the police had failed to take action against Moodly, compelling him to go to court.
ethekwini Municipality is listed as the first respondent and the Metro police head, Eugene Nzama, and superintendent Gwen Ngubane, who had been tasked with investigating Panday’s complaint, are listed as the other respondents.
Panday is seeking an order that would compel the city to provide an explanation on why Moodly had not been suspended or prosecuted with regard to his complaint.
He wants the court to order Nzama to remove Ngubane as the investigator in the case against Moodly and begin a disciplinary inquiry within five days of the order being granted.
In the documents, Panday claimed he and his partner had befriended Moodly and his wife Shireen, and during a visit to Moodly’s home in Phoenix, his car got stolen.
Panday said he wrote to and, in July, met Nzama, who assured him that the complaint against Moodly would be investigated.
However, in September Moodly, who was tracking Panday’s whereabouts, allegedly approached his friend and threatened a woman.
Panday’s attorney then wrote to Moodly’s superior, Rajen Chin, and complained about the captain’s alleged conduct.
He claimed that Moodly had allegedly taken off the registration plates of two vehicles parked at the Tongaat home, which belonged to the women’s friends, and got his wife Shireen, who also works for the Metro police, to call them.
Panday claims that Moodly and his wife had abused their power as police officers by making the calls.
In February, Nzama informed Panday that Ngubane was tasked with prosecuting Moodly’s matter, but was “shocked” to learn that she was a “Facebook friend” of Shireen’s.
Panday said he was “disturbed” because it would “cast serious doubt” over Ngubane’s integrity.
He also found it strange for Chin to make enquiries about the criminal investigation in Moodly’s matter because Ngubane ought to have been working independently.
He also wants the city to tell him why Ngubane could not be removed as prosecutor/investigator.
Metro spokesperson Superintendent Sbonelo Mchunu said Panday was trying to abuse the courts and the law with his application. “I have never heard of someone going to court to have an employee suspended. There’s nothing we can do about this case if it is personal. Metro police has no authority to intervene in the private lives of its employees. Panday clearly has his own agenda.”
The matter is set down for June.