Thoshan Panday asks court to strike 2010 World Cup fraud case over disclosure delays

Durban businessman Thoshan Panday has asked the Durban High Court to dismiss the criminal case against him that dates back to alleged events in 2010, saying delays and outstanding disclosure by the State have made a fair trial impossible.

What Panday is asking the court to do

Panday brought an application under section 342A of the Criminal Procedure Act, which allows a court to investigate and determine whether delays in criminal proceedings have become unreasonable. The defence seeks an order under section 342A(3)(c) striking the criminal proceedings from the roll and directing that the prosecution may not be resumed or instituted afresh without the written instruction of the Director of Public Prosecutions.

Background and timeline

The criminal matter arises from events alleged to have occurred in 2010 related to procurement irregularities involving accommodation for police officers during the 2010 World Cup. Panday was arrested in October 2020, and the matter has been pending without trial since then.

The defence first formally sought further information in April 2021. Over the following years, further requests were made and the matter was repeatedly adjourned in attempts to resolve outstanding disclosure issues. The defence later approached the High Court to compel the State to provide the outstanding information; that application succeeded.

In June 2024 the High Court ordered the State to provide the information identified in the order within 21 days. The defence says the State then sought leave to appeal aspects of that order, and that some material the State accepted the defence was entitled to receive nevertheless remained outstanding and fell outside the ambit of the appeal.

Defence argument

The defence says its case is not based merely on the passage of time but on the history of proceedings, repeated attempts to obtain disclosure, court orders, the appeal process and the continuing effect of outstanding disclosure on Panday’s ability to prepare for trial.

Charges and representation

Panday faces charges including racketeering and fraud. He will be represented in court by three senior counsel: Advocates Mike Hellens, Jay Naidoo and Jimmy Howse.

Panday’s comment

“Anyone in this situation will find it takes a toll on their health. I have been trying to clear my name for years,” he said.

Next step

Panday is expected to appear in the Durban High Court on Friday for the hearing on his application to have the matter dismissed on the grounds of unreasonable delay.