NPA probes KZN prosecutor over alleged intimidation of lawyers

The National Prosecuting Authority (NPA) is investigating allegations of misconduct against a prosecutor in KwaZulu-Natal following claims of intimidation involving Durban businessman Visham Panday and his legal representatives.

The allegations stem from a telephone conversation in which a state prosecutor allegedly confronted an attorney representing Panday in a civil dispute with his creditors.

In a letter dated 15 October 2026, attorney Simi Sharma of Simrithi and Associates called on the National Director of Public Prosecutions (NDPP) to intervene, raising concerns about the prosecutor’s alleged conduct.

According to the correspondence, the prosecutor allegedly told Subash Maikoo, of Subash Maikoo and Associates, that Panday and his co-accused, Vinay Gosai, could not continue with their civil litigation because they were facing criminal charges.

The letter states that Panday and Gosai had already obtained permission from the Durban Magistrates’ Court to pursue the civil proceedings.

Sharma questioned why Maikoo had been contacted, arguing that he was not the attorney of record in the criminal matter.

“We are instructed further that there was no need for the call to Mr Maikoo as he is not the attorney of record in the criminal matter,” the letter states.

It further alleges that the communication was intended to exert pressure on the legal representatives and could amount to interference with their clients’ right to legal representation.

Sharma also described the alleged exchange as concerning, saying the tone and content of the call gave her reason to believe it was intended to intimidate her in her capacity as Panday’s legal counsel.

Panday is facing fraud and theft charges, which he disputes.

The allegations have raised questions about the boundaries of prosecutorial conduct, particularly where criminal proceedings intersect with separate civil litigation.

Responding to the matter, NPA spokesperson Natasha Ramkisson-Kara confirmed that the correspondence had been escalated to the national office.

“The correspondence was never forwarded to the KZN Director of Public Prosecutions but was forwarded to the National Director of Public Prosecutions,” she said.

Ramkisson-Kara said the allegations would be handled through the authority’s internal procedures.

“As it is conduct-related, internal processes will be followed. The matter cannot be attended to through the media, as it is an internal matter,” she said.

The NPA has not publicly identified the prosecutor involved or provided further details about the investigation.

The allegations have not been established, and the investigation will determine whether any misconduct occurred.