By Johnathan Paoli
KwaZulu-Natal Hawks tracing head Lieutenant-Colonel Deenadayalan ‘Deena’ Govender on Monday struggled to explain a series of conflicting financial transactions linked to the purchase of his R2.35 million Sibaya property.
Testifying before the Madlanga Commission, Govender was subjected to sustained questioning by evidence leader Advocate Matthew Chaskalson, SC, over millions of rand flowing through his bank accounts between August 2022 and December 2023.
“You see, Lieutenant-Colonel Govender, what it looks like to me is this is a transaction that has all the hallmarks of a money laundering transaction. I have to be frank with you because from where I’m sitting, it looks very much like a money laundering exercise. So you’re going to need to persuade me that I’ve misunderstood it,” Chaskalson said.
The scrutiny centred on Govender’s explanation for the funds used to buy his property in 2023, as well as discrepancies between his sworn statement to the commission and his oral testimony.
According to Govender’s affidavit, the R2.35 million property was financed partly through a R1.5 million FNB mortgage bond, with the balance coming from various sources, including his son’s savings, his wife’s credit card and payments made through third parties.
Among the transactions listed was R337,962 transferred from the account of a Mr Y Nagan and R179,800 allegedly received in cash from the late businessman Josh Chellin, whom Govender described as a father figure.
However, Chaskalson repeatedly confronted Govender with inconsistencies in his explanations, including a payment of about R379,800 which Govender at one stage attributed to his brother and elsewhere identified as a loan from Chellin.
Govender said his brother had paid him about R350,000 to buy out his share of their mother’s property.
But Chaskalson said that this version differed from the explanation contained in Govender’s statement to the commission, which attributed some of the funds to Chellin.
Govender eventually conceded that he had made mistakes in compiling his schedule of transactions, saying that some payments attributed to his brother had actually come from Chellin and vice versa.
The questioning became increasingly heated when Chaskalson turned to approximately R300,000 in cash which Govender said he had handed to family friend and accountant Shamal Kassie.
Instead of depositing the cash directly into his own bank account, Govender said Kassie arranged for a third party, Nagan, to electronically transfer money into an account connected to the property transaction.
“But the question still remains, why would you take R300,000 in cash to your family friend, Mr Shamal Kassie, who is an accountant but isn’t your accountant, and ask him to keep the cash and arrange a bank transfer into your account? Why wouldn’t you just go to your bank and give them R300,000?” Chaskalson asked.
Govender denied attempting to conceal the source of the money, saying he had merely relied on friends and family to facilitate the payment.
“I wasn’t hiding anything. I have access to friends and family. So basically I wanted the money to go straight into the account of the attorney’s account,” he said.
But the explanation failed to satisfy commission chairperson Mbuyiseli Madlanga, who repeatedly demanded to know why the money could not simply have been paid directly into the bank account.
“There’s a question that Mr Chaskalson asked no less than three times. I’m not sure that I heard what your answer to it is. Why this roundabout manner of payment to the bank? Just why?” Madlanga asked.
When Govender suggested the arrangement had been easier, Madlanga rejected the explanation.
“It’s more complicated. It’s not easier. Please, it’s more complicated. The more direct and easy way would have been for Mr Chellin to pay directly to the bank, failing that for you to pay directly to the bank. Why must there be these two people? Why must you interpose these two people? Please, please give us an answer that makes sense,” Madlanga said.
Govender then suggested bank charges may have played a role, but Madlanga responded: “As you are saying it, I’m sure you can tell that what you are saying is nonsensical. Absolutely nonsensical.”
The commission also examined dozens of transactions, including 37 separate transactions on a single day in August 2022.
Govender said the money had come from his mother-in-law and was deposited in smaller amounts by himself, his wife and children because it was easier.
Govender maintained that the money came from legitimate loans, family members and friends, including Chellin, who he said had also assisted with his children’s school fees.
The commission continues.
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