Siyabonga Sithole|Published
The National Public Prosecutions Authority (NPA) has confirmed that it is conducting an investigation into serious allegations of misconduct against a prosecutor in KwaZulu-Natal (KZN). This decision comes in the wake of claims made by Durban businessman Visham Panday, who alleges that his legal representative, Subash Maikoo of Subash Maikoo and Associates, recently faced intimidation tactics from a State prosecutor involved in a delicate civil case.
Panday, who is facing a legal battle of his own - including fraud and theft charges which he has disputed - reveals that his legal representation encountered a state prosecutor in an unexpected and confrontational manner.
In a letter dated October 15, 2026, Simi Sharma, Panday’s attorney in another matter, from Simrithi and Associates, details an alarming exchange allegedly initiated by the State prosecutor, whose identity remains undisclosed.
According to the correspondence, the State Prosecutor told Maikoo that Panday, whose co-defendant in a criminal matter is Vinay Gosai have been criminally charged, and therefore cannot proceed with their litigation in a civil matter that they have been pursuing against their creditors. This is said to be despite Panday and his co-defendant having been granted the right to pursue this matter by the Durban Magistrate's Court.
"We are instructed further that there was no need for the call to Maikoo as he is not the attorney of record in the criminal matter. In the circumstances, we are instructed that your call to Maikoo was purely to intimidate him, given that Gosai (Panday's other attorney) has been charged.
The letter further reads: "Our client finds such conduct unbecoming of a senior prosecutor and an infringement to his right to legal representation," Sharma states in the letter addressed to the NDPP seeking the head of the NPA's intervention.
Sharma further expressed grave concern regarding the nature of the call, describing it as laced with undertones of intimidation. "I genuinely believe, based on the tone and content of the telephone call from the State Attorney, that its purpose was to intimidate me in my capacity as legal counsel for Mr. Panday," stated Sharma in a letter to the National Director of Public Prosecutions (NDPP).
In a statement, NPA regional spokesperson Natasha Ramkisson-Kara, acknowledged the inherent seriousness of the allegations saying the matter is being investigated by the NDPP. "The correspondence was never forwarded to the Director of Public Prosecutions (DPP) but was forwarded to the National Director of Public Prosecutions," she stated.
Ramkisson-Kara further emphasised the protection of the integrity of the process.
"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."