The National Prosecuting Authority (NPA) is investigating allegations of misconduct against a prosecutor in KwaZulu-Natal following claims that a Durban businessman’s legal representatives were subjected to intimidation over ongoing civil litigation.

The allegations were raised by businessman Visham Panday, who is involved in a legal dispute with his creditors and is also facing fraud and theft charges, which he has disputed.

In correspondence dated October 15, 2026, attorney Simi Sharma of Simrithi and Associates called on the National Director of Public Prosecutions (NDPP) to intervene following an alleged telephone exchange between a state prosecutor and Subash Maikoo of Subash Maikoo and Associates.

According to Sharma’s letter, the prosecutor allegedly told Maikoo that Panday and his co-accused in a criminal matter, Vinay Gosai, could not proceed with their civil litigation against their creditors because they had been criminally charged.

However, Sharma’s correspondence states that the Durban Magistrates’ Court had granted them the right to pursue the civil matter.

The letter questioned why the prosecutor had contacted Maikoo, who Sharma said was not the attorney of record in the criminal case.

“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,” Sharma wrote.

“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.”

Sharma described the alleged conduct as inappropriate for a senior prosecutor and said it raised concerns about the right to legal representation.

“Our client finds such conduct unbecoming of a senior prosecutor and an infringement to his right to legal representation,” she stated.

In the correspondence, Sharma also expressed concern about the tone and content of the telephone call, saying she believed it was intended to intimidate her in her capacity as Panday’s legal representative.

“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,” she wrote.

The allegations raise questions about the conduct expected of prosecutors and whether any communication by state officials could improperly interfere with ongoing legal proceedings.

The NPA confirmed that the matter had been referred to the national office for consideration.

NPA spokesperson Natasha Ramkisson-Kara said the correspondence had not been forwarded to the KwaZulu-Natal Director of Public Prosecutions but had instead been sent to the NDPP.

“The correspondence was never forwarded to the KZN Director of Public Prosecutions but was forwarded to the National Director of Public Prosecutions,” she said.

Ramkisson-Kara said the allegations would be handled through the authority’s internal procedures.

“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,” she said.

The NPA did not provide further details about the nature or scope of the investigation, citing the internal processes being followed.

The allegations have not been independently established, and no finding of misconduct against the prosecutor has been announced.

Panday continues to face separate criminal proceedings involving fraud and theft charges, which he disputes. The allegations against the prosecutor concern the reported interaction with legal representatives and the handling of the businessman’s civil litigation.