Panday takes all and sundry to court

A Durban businessman has dug the trenches and is preparing for war against senior prosecutors and police officers‚ taking them to court over the theft of his R1-million Mercedes-Benz.

Visham Panday claims that while SAPS has adequately investigated the theft of his car - allegedly by a senior Durban Metro Police officer - the Directorate for Public Prosecutions is not taking action against the suspect "because of my surname".

Panday's brother is controversial businessman Thoshan Panday‚ who has been accused of using his friendship with senior KwaZulu-Natal police officers to score millions in contracts‚ sometimes illegitimately. Charges were withdrawn against Thoshan but have been reinstated‚ a matter that is currently being challenged in court.

"I am being victimised. It is unfair‚" said Panday.

But Panday now wants answers. In two separate court matters lodged in the Durban High Court in the last six weeks he‚ firstly‚ wants the eThekwini municipality and its police chief Eugene Nzama to explain why no action has been taken against the officer and‚ secondly‚ wants the court to rule that five senior DPP staffers‚ including senior prosecutors‚ failed to uphold their oaths of office by not prosecuting the vehicle theft case.

The second matter is due in court next month.

The entire battle stems from Panday's March 2016 visit to the home of the metro police officer in Phoenix‚ Durban‚ where‚ Panday claims‚ his vehicle was stolen. A case was opened with SAPS and investigated‚ but a September letter from the DPP‚ contained in the court papers‚ claims there was not enough evidence to prosecute. But Panday vehemently disputes this‚ instead saying the DPP declined to prosecute because "of what my surname is".

He also claimed that the Metro Police officer was not suspended or investigated because of his friendships and working relationships with other officers who are close to Johan Booysen‚ an ex-Durban top cop who had long-running battles with Thoshan.

Panday said that it was no longer about the car‚ but about the principle of fair prosecution.

"I don't care about the car anymore. It's about removing corrupt officials‚" he said.

The municipality said it would be commenting‚ while SAPS confirmed that it had completed its investigation and handed the file over for prosecution.

"It is alleged that on 3 March 2016 the complainant [Panday] left his vehicle at a friend’s house with the vehicle keys. When he returned his vehicle was nowhere to be found. The docket was taken to the Director of Public Prosecution for a decision‚" said spokeswoman Colonel Thembeka Mbhele.

KZN Director of Public Prosecutions‚ Adv Moipone Noko‚ would not answer questions about the ongoing saga.

"Due to there being a litigation process underway in this matter‚ it is sub judice. I will‚ consequently‚ not comment thereon‚" she said.

TMG Digital/TimesLIVE