The National Prosecuting Authority’s (NPA) Asset Forfeiture Unit (AFU) and the Investigating Directorate (ID) were granted a provisional restraining order of R165 million against Durban businessman Thoshan Panday and his ex-wife, former Provincial Commissioner, Lieutenant-General Mmamonnye Ngobeni and 7 others in a Durban court this morning.
The restraint order has been granted in terms of Chapter 5 of the Prevention of Organised Crime Act 121 of 1998 (POCA) against property/assets of the 9 people charged and persons or entities they gave gifts to. And it is directly linked to the criminal case first enrolled by the ID in the Durban Magistrate Court in October 2021, said the NPA in a statement.
This case involved Colonel Navin Madoe, the former section head of acquisition in supply chain management (SCM) at the office of the Provincial Commissioner and 8 others – namely Captain Ashwin Narainpershad, formerly of SCM Kwa-Zulu Natal (KZN), Panday and his family members Arvenda Panday (mother), Privisha Panday(ex-wife), Seevesh Maharaj Ishwarkumar (brother-in-law), Kajal Ishwarkumar (sister) and Tasleem Rahiman (his assistant).
In the court application, the NPA alleged that Panday was the mastermind of the criminal enterprise and the 8 others, alleged syndicate members.
“By the end of 2009 he managed to get control of Public Order Policing Unit: Operational Response Services (ORS) deployment accommodation contracts with the help of Madoe and Narainpershad in KZN by deceiving the officials who usually did the procurement for ORS members to be deployed.
The alleged syndicate is accused of acting in common purpose to deprive the South African Police Service’s (SAP) of an amount of over R45,3 million through acts of fraud, corruption, forgery, bribery and money laundering before and during the 2010 FIFA Soccer World Cup (SWC).
The order of R165 million is the amount of the proceeds of unlawful activities received by the enterprise and the individuals in furtherance of the conspiracy and/or common purpose and/or the commissioning of crime.
The State alleges the three former SAPS officials, Madoe, Ngobeni and Narainpershad failed to follow the prescripts of the PFMA among others, deliberately delaying application for procurement authority from the National Office for accommodation for the World Cup.
Deliberately not following up on invitations they had sent to existing service providers who charge reasonable rates, thereby causing the need to procure accommodation for SAPS members for the World Cup on an urgent basis and at inflated rates, a few days before the event was due to start.
Their intentional delay in procuring accommodation well in advance of the World Cup led to an urgent deviation from normal procurement processes which had to be processed in haste by the National Office.
Panday is the sole member of Goldcoast Trading CC. Goldcoast was awarded orders for accommodation for police members deployed within the KZN province during times of unrest from October 2009, at inflated rates.
“Goldcoast was awarded 80% of the accommodation order for the 2010 SWC and charged SAPS rates which were much higher than other service providers. Panday misrepresented that Goldcoast had secured block bookings in 2008 for the 2010 SWC, which was false. Panday then had to place police members in venues, paid them a low rate and claimed inflated rates from SAPS.
“In addition, Goldcoast and four other entities associated with him through family member ownership, received orders approved by Madhoe and Narainpershad for miscellaneous goods required by SAPS members for the SWC, through fraud including cover quoting and forgery.
“The five (5) entities alleged to have been controlled by and associated with Panday, were paid over R47,3 million by South African Police Service between October 2009 and August 2010 (Goldcoast R39 336 283, Valotone R3 515 704, Bravosat R2 079 469, Kaseev Traders R1 552 019 and Unite Mzansi R863 122),” the NPA said in a statement.