KZN Commissioner's lawyers argue for suspension to be set aside

Ngobeni was back in the Durban High Court today to fight accusations that she attempted to stop the prosecution of Durban businessman Thoshan Panday in exchange for him paying for her husband's surprise birthday party in May 2010. 

Advocate Greg Harpur, representing Ngobeni, told the court that the Commissioner had been in office for six years since the allegations first surfaced in 2010 and in that time her contract was renewed. 

Harpur also referred to a decision by the NPA in 2012 and again in 2014 not to prosecute Ngobeni on the basis that the matter had no prospects of success due to insufficient evidence. 

Ngobeni has denied that Panday paid the almost R40 000 for her husband's party, saying her personal assistant coordinated the function and an independent service provider of which Panday was part was appointed to organize the venue, catering, cake and music. 

Ngobeni claims she personally paid for the function and has receipts to that effect. 

Advocate Tembeka Ngcukaitobi, representing Acting National Police Commissioner Khomotso Phahlane, dismissed that claim saying the only evidence of payment from Ngobeni is an invoice which he says can be generated at any stage.

(File photo)