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ACTING national police boss LieutenantGeneral Khomotso Phahlane has no power to suspend KwaZulu-Natal provincial commissioner Lieutenant-General Mmamonnye Ngobeni.

A lawyer representing the SA Police Service argued against Ngobeni’s submission that Phahlane had no power to suspend her.

Tembeka Ngcukaitobi was responding to Ngobeni’s submission, made by her defence counsel Greg Harpur, who said Phahlane had taken the decision without the evidence implicating suspended Ngobeni in allegations of corruption and misconduct.

The matter was heard in the Durban High Court yesterday.

Ngcukaitobi said Phahlane acted within his powers and had sufficient evidence that revealed that the expenses for the birthday party of Ngobeni’s husband, Brigadier Lucas Ngobeni, were paid by controversial Durban businessman Thoshan Panday.

Ngcukaitobi added that Phahlane obtained evidence of the R18 000 paid by Panday from a Mr Singh, the owner of the restaurant where the birthday party was held on May 29 2010.

“Panday gave Singh an amount of R10 000 on May 26 2010. The cash was deposited in Singh’s bank account. On May 30 2010, an amount of R8 000 was transferred by Panday into Singh’s account, and we have all those bank statements.”

Ngobeni was suspended last month for her alleged links to the politically-connected Panday.

Ngcukaitobi told Judge Nkosinathi Chili that in the affidavit Ngobeni claimed that Panday did not pay for her husband’s birthday party. She claimed she had paid all the expenses.

According to Ngcukaitobi, there was no evidence showing the transfer of money from Ngobeni’s account to Singh’s.

Ngcukaitobi said what made things worse was that her husband’s birthday party’s expenses were paid by a person who was a suspected criminal. This meant that Ngobeni had taken a bribe.

“We also have evidence illustrating that the complainant (Ngobeni) directed former KwaZulu-Natal Hawks boss Johan Booysen to stop the investigation against Panday.

“We submit that the complainant must go to the board of inquiry and explain the allegations of misconduct.

“It is not for Phahlane to decide her future, but for the board of inquiry,” Ngcukaitobi said.

He also revealed that suspended national police commissioner Riah Phiyega investigated Ngobeni’s “misconduct”, but was suspended before completion of the probe.

In his argument, Harpur submitted that his client shared no personal relation with Panday and that he (Panday) merely offered to help, but his offer was turned down.

“The suspension was unnecessary. She must be reinstated within 10 days because there’s no evidence and pending the decision of the board of inquiry,” Harpur said.

Chili reserved judgment.

“This meant that Ngobeni had taken a bribe