NPA's Jiba mendacious says lawyer

2014-02-08 05:45


Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Durban - Former acting NPA head Nomgcobo Jiba lied about considering four statements before deciding to prosecute suspended KwaZulu-Natal Hawks head Maj-Gen Johan Booysen, the KwaZulu-Natal High Court heard on Friday.

"She is mendacious… and took into account facts that did not exist," Anton Katz, SC, for Booysen said.

At the time Jiba decided to charge Booysen, she did not have the four statements in question from Colonel Rajendran Ayer and Ari Danika, a Greek national and former reservist and police informer.

Booysen, in his court papers, said Ayer's statements did not provide any basis to authorise a prosecution and Danikas's statement was not signed or dated and could not be ascribed to him. Even if it could, the contents did not relate to events covered in the indictment.

Murder counts

A hearsay statement from the informant did not implicate Booysen in any offences, Katz said.

Booysen, who was head of the now-disbanded Cato Manor serious and violent crimes unit, wanted the court to have racketeering charges against him quashed.

Members of the unit were expected to stand trial on a range of charges, including 28 murder counts. They allegedly carried out paid hits in the KwaZulu-Natal minibus taxi wars.

Jiba said in her court papers that the unit acted like an organised crime organisation.

Booysen was charged with managing and participating in an enterprise through a pattern of racketeering activity. He was accused of two murders, unlawful possession of a firearm and ammunition and defeating or obstructing the course of justice.


He contended there was no evidence in police dockets that implicated him, other than statements which referred to him as being at or arriving at the scenes of shootings after they had taken place.

Katz said the NPP's decision to prosecute Booysen was invalid and unconstitutional.

Prosecutor Laurence Hodes said Jiba had made it plain in letters to Booysen's lawyers that there was more information which implicated him, than what was in the four statements in question. There were no requirements for her to detail it all.

There was more than sufficient evidence to prosecute Booysen, he said.

Hodes argued in court papers that the matter ought not to be decided by the court in a piecemeal fashion on Friday, but, if at all, by the eventual trial court.

Judge Trevor Gorven reserved judgment.

Several members of the former Cato Manor unit were in court to listen to the legal arguments.

Read more on:    durban

Read News24’s Comments Policy publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Add your comment
Comment 0 characters remaining

Inside News24


Africa: Land of Billionaires!

Find out who are the richest of the richest in Africa!

Best bro movies 2014
Every man should be able to do these three things
Goalkeeper saves five penalties with his FACE!
Hottie of the day: Jesselyn

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now! - shop online today

Hot festive offers at!

Hurry! Stocks are limited. Don’t miss out. Shop Now!

Save up to 60% on toys!

Don’t miss out on this hot offer, save up to 60% on toys. While stocks last. Shop now!

Festive gifts!

Check out our awesome range of festive gifts to make everyone’s wishes come true. Shop now!

Seen something you like in our catalogue?

Find the perfect gift and save up to R5000 – As seen on the catalogue. Hurry and shop now!

Save up to R2200 on electronics! – As seen in the catalogue

Wishing for tech gadgets this festive? Save up to R2100 on hot tech products at While stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25


You may feel divided. Conflict between mind and emotions can create tension or indecision. This could lead to stressful more

There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.