http://www.themercury.co.za/index.php?fArticleId=3741109
commander allegedly hid dockets
Hawks swoop on top officer
March 11, 2010 Edition 1
NOMPUMELELO MAGWAZA & KAMINI PADAYACHEE
AN EMBATTLED Durban police station commander was arrested by the Hawks yesterday for allegedly being in possession of case dockets – including one in which he is facing a charge of assault.
Sydenham Senior Superintendent Glen Nayager’s arrest came after he secured victories in the labour and equality courts, and in an internal disciplinary hearing in recent weeks.
He was arrested at police offices in Isipingo and appeared in the Pinetown Magistrate’s Court yesterday afternoon.
He was released on R2 000 bail and the case was adjourned to April 16.
It is alleged Nayager hid the dockets so that the cases could not be investigated and taken to court.
Hawks spokesman Musa Zondi said the commander had been charged with three counts of defeating and obstructing the course of justice.
Nayager’s lawyer, Anand Nepaul, said the charges related to allegations that he was in possession of three dockets kept in a safe at the Sydenham police station.
These related to a drug charge, an assault charge against Nayager and also to a contempt of court charge.
Nayager, who is on leave, has been involved in several cases in the past few years and recently won two Labour Court cases in which his transfers to KwaMashu and to the Brighton Beach police stations were declared unlawful.
His transfers came after he was allegedly involved in a fistfight with a fellow officer at his station last year.
After an internal investigation into the incident, he was transferred to KwaMashu and the other officer was sent to Greenwood Park.
Nayager opposed his transfer, and the provincial commissioner’s decision was overturned by the court on the grounds that correct procedures had not been followed, and he returned to Sydenham.
Last month Nayager was transferred to Brighton Beach after he was accused of interfering with a witness in the Labour Court case.
He opposed the transfer in the Labour Court and Judge Hamilton Cele last week ordered his immediate reinstatement at Sydenham.
He also ordered the Police Ministry and provincial police commissioner to pay his legal fees.
The police are expected to appeal against that decision.
And yesterday, an internal disciplinary inquiry found Nayager not guilty of misconduct relating to the assault on the officer.
He also won an Equality Court case last week, which related to a complaint that he had used a racial slur against a teacher in October 2007.
Stanley Bongani Mathonsi alleged Nayager had directed racist remarks at him when he went to the Sydenham police station with a friend.
The case was dismissed by magistrate John Saunders, who said Mathonsi’s version of events was improbable.
Nayager and his police officers have often been criticised for alleged heavy-handed action in dealing with residents of the Kennedy Road informal settlement, which falls within the Sydenham policing precinct.