Ngobeni and Narainpershad appear in court to face tender scandal charges

Durban - FORMER KZN police commissioner Mmamonnye Ngobeni smiled and waved for press cameras when she arrived in the Durban Magistrate’s Court to face charges related to a R47 million 2010 FIFA Soccer World Cup tender scandal yesterday.

Ngobeni appeared alongside former police captain Aswin Narainpershad, one of her three co-accused, in connection with the tender scam, which allegedly saw Durban businessman Thoshan Panday being awarded dozens of contracts to secure goods and temporary accommodation for police during the tournament.

According to the charge sheet, Ngobeni, Narainpershad, Panday and police Colonel Navin Madhoe are facing more than 230 charges of fraud, corruption and defeating the ends of justice. The bulk of the charges relate to Panday, Narainpershad and Madhoe. The latter two allegedly received “unauthorised gratification/benefits” from Panday in exchange for manipulating the tender system so his firm would obtain orders.

The State’s Talita Louw, of the National Prosecuting Authority’s Investigative Directorate, told the court Ngobeni had been charged with being an accessory after the fact, with regards to the fraud related to Soccer World Cup accommodation. She has also been charged with fraud, defeating the ends of justice, and corruption, under the Prevention and Combating of Corrupt Activities Act 12 of 2004 (Poca).

“It is also submitted that an amount of R26 000 was received directly or indirectly from Mr Panday, with regards to a birthday party. The accused is facing a charge of defeating the ends of justice as, through not reporting the alleged fraud or instructing the investigating officer to stop investigating, she committed the charge of defeating the ends of justice,” Louw said.

“She is also charged under section 34 of the Poca Act because, in her position as the police commissioner of KZN, she had a special duty on her to report fraud and criminality in her department - which she failed to do. She is also charged with fraud of non-disclosure because a public official has to disclose any interest received from the public, which was not done,” she said.

Louw asked for bail to be set at R40 000 for Ngobeni because of her seniority in the SAPS, and at R10 000 for Narainpershad. Ngobeni’s attorney, Ravindra Maniklall, argued that the State had earlier agreed to bail of R10 000 through an NPA official.

Maniklall argued it was possible the case against her might be struck off the court roll because a decision by the ­director of public prosecutions in KZN not to prosecute her, in October 2014, had not been reviewed before it was overturned.

“This would mean that the decision to charge her is irregular, irrational and unconstitutional,” he said.

He said Ngobeni did not play any role in finances related to Soccer World Cup contracts, which had been handled nationally.

“She will plead not guilty to these charges. They have been in the public domain for the past 10 years. She will prove her innocence if the matter goes further,” Maniklall said.

Magistrate Vanitha Armu granted Ngobeni and Narainpershad bail of R20 000 and R10 000, respectively.

Narainparsad’s attorney, Bilal Malani, said his client was looking forward to vindicating himself.

Panday and Madhoe are out on bail, after appearing in court last Friday. The four will appear in court next month.

The Mercury

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