A former police station administrative clerk who was arrested for selling police dockets for R3,500 has been found guilty on three charges.
Vasvanthan Govender, a former admin clerk at the Lenasia Police Station in Lenasia, Gauteng, has been found guilty on count one of contravening Section 4(1)(a) by corruption activities. Count two of defeating the administration of justice; and count three of impersonating an officer.
Bail cancelled
The 44-year-old was convicted by the Johannesburg Specialised Commercial Crime Court sitting in Palm Ridge on Friday.
Magistrate Phindile Keswa further cut Govender’s freedom short when she cancelled his bail as per prosecutor Frans Mhlongo’s request.
Govender was initially released on a R3,000 bail.
Govender’s lawyer Peter Shelani was not impressed with Mhlongo’s request before the court. He stated that Mhlongo’s request was vindictive.
Lawyer accuses magistrate of ‘vindictiveness’
“My colleague is being unfair in presenting this application before the court to cancel my client’s bail,” he said.
“Govender did not attend court on some occasions, but he has brought reasons before the court for when he was absent. Those things cannot be used against him. My colleague is being unfair.”
Mhlongo explained to the court that there was nothing vindictive about his application before the court.
“The risk of abandonment is highlighted, as the accused knows what he is faced with. He has delayed the court with his no-show. With the accused in custody, the matter can be finalised. And [the court can] avoid abandonment by the accused in this matter,” Mhlongo added.
Risk of no-show by accused
Magistrate Keswa stated that there has been a history of the accused not showing up before the court.
“The court had to issue a warrant of arrest. The bail of the accused will be cancelled until the matter is final. He will remain in custody.”
Sporting a brush cut with grey streaks in his hair, Govender sat with his hands crossed.
He wore a red T-shirt and blue jeans and sat not far from a man who had tagged along to support him.
Govender’s facial expressions went from calm to a frown when magistrate Keswa said that his bail was cancelled.
He is a public officer and a party to an employment relationship. This as defined in Section 1 of the Prevention and Combating of Corruption Activities Act 12 of 2004.
Solicited bribe and made docket ‘disappear’
On September 23, 2018, Sundaram Naidoo was arrested for culpable homicide and negligent driving in Lenasia South. A prosecution was instituted against him. The matter was pending before the Lenasia magistrate’s court.
During or about the period of November 2021, Govender initiated communication with Naidoo’s wife through text messages. He was pretending to be the investigating officer in the negligent driving case against her husband.
This information was provided by Naidoo’s common-law wife. Govender was soliciting gratification for the disappearance and/or destruction of the docket. The docket was against her now-ex-husband, with the sole purpose of aborting his prosecution.
R3,500 paid in exchange for docket
On March 30, 2022, an amount of R3,500 was paid to Govender by Steven Peters, who is a member of the public. This was in exchange for the docket.
Subsequently, the case against Naidoo was withdrawn in court as the docket could not be located.
Matter postponed for sentencing
Keswa postponed the matter to April 19 for sentencing.
Outside of the courtroom, Shelani told Sunday World that he would wait until the sentencing for a clear direction.
“Yes, on the merits, we do have some issues, but they will be discussed on the day of sentencing,” Shelani stated.
