High court lifts KZN commissioner’s “unlawful” suspensionfrom NJABULO BUTHELEZI in Durban, KZN
DURBAN, (CAJ News) – SOUTH African Police Service (SAPS)’s acting national commissioner Kgomotso Phahlane was left with an egg on the face when his unlawful suspension of KwaZulu Natal (KZN) provincial Commissioner Mmamonnye Ngobeni was ruled null and void by the high court.
The KZN high court judge Nkosinathi Chili on Wednesday set aside the unlawful suspension of Ngobeni before ordering her immediate re-instatement.
The acting police commissioner’s office was also order to pay the costs.
The lawyer representing Ngobeni, Advocate Ravindra Maniklall confirmed the hard working KZN provincial commissioner was back at work.
“The court rules that the acting national commissioner does not have the powers to investigate and discipline the provincial commissioner. The judge also ruled that a decision to establish a commission of inquiry was premature and unlawful.
“The decision to set up a board of inquiry has been set aside and the decision to suspend her has also been set aside, both permanently. It is about following proper procedures. The provincial commissioner is back at work fulfilling her official duties to keep our province safe,” said Maniklall.
The acting police commissioner Phahlane suspended Ngobeni on May 19, 2016 in what the legal fraternity believed was a purge.
Among other allegations leveled against Ngobeni were that of her links with Durban businessman Thoshan Panday, who is believed to have splashed R20, 000 for her husband Lucas’ birthday party sometime in 2010.
This was so when Panday was being investigated by police for fraud, a claim Ngobeni dismissed as false and baseless.
Complicating the acting police commissioner’s unlawful suspension, the National Prosecuting Authority (NPA) refused to lay charges against Ngobeni.
Ngobeni’s leadership is being credited for reducing crime in KZN province and is widely respected for being always hands on.
– CAJ News
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