Booysen to oppose appeal

2014-03-25 00:00

SUSPENDED KZN Hawks head Major General Johan Booysen will oppose any application by the state for leave to appeal a recent Durban High Court decision that set aside all charges against him.

Booysen said he was aware that the National Director of Public Prosecutions had filed a notice seeking leave to appeal Judge Trevor Gorven’s decision to have all charges against Booysen dropped.

The notice was lodged with the Durban High Court on Thursday and was expected to be heard on March 27.

“Any move to appeal against the judgment will definitely be opposed by us,” said Booysen, yesterday.

Gorven’s judgment, handed down at the end of February, tore into a decision by then acting national director of public prosecutions Nomgcobo Jiba to prosecute Booysen, saying the charges did not meet even the barest of minimum requirements.

“Even accepting the least stringent test for rationality imaginable, the decision of the national director of public prosecutions (NDPP), Jiba does not pass muster,” he wrote in his ruling.

“I can conceive of no test for rationality, however relaxed, which could be satisfied by her explanation. The impugned decisions were arbitrary, offend the principle of legality and, therefore, the rule of law and were unconstitutional.”

Booysen, who was head of the now-disbanded Cato Manor serious and violent crimes unit, had been charged, along with his former unit, of running a criminal enterprise.

Gorven said in his judgment the prosecution had conceded that nothing in the dockets implicated Booysen.

Booysen, in his argument against Jiba’s allegations, said that she had lied about having certain statements before her when she decided to prosecute, and could therefore not have used them to make her decision.

Gorven said Jiba did not have any material before her that could “rationally authorise” Booysen’s prosecution.

He said Jiba had a responsibility as an officer of the court to be accurate with facts and should have explained or corrected any inaccuracies.

NPA spokesperson Nathi Mncube could not be reached for comment.

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