AS IT HAPPENED: Booysen alleges former police minister interfered in case to have him prosecuted at #StateCaptureInquiry

2019-05-02 16:00

The judicial commission of inquiry into state capture has heard further testimony from former head of KwaZulu-Natal Hawks Johan Booysen.

WATCH LIVE: State Capture Inquiry 

(Courtesy of SABC)

Former KwaZulu-Natal Hawks head Johan Booysen
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Last Updated at 05:30
02 May 17:02
The commission adjourns until tomorrow morning.

02 May 16:52
Booysens says soon after Abrahams appointment, the NDPP asked Adv Gerrie Nel to brief him on the Panday case. He says at the time Adv Nel had already made recommendation to prosecute', but to date nothing happened.

02 May 16:45

Booysen says he was reliable informed by two senior prosecutors in the NPA that prosecutors dealing with his case were promised promotions.

He added that Shaun Abrahams had already created a post in Mpumalanga with a view to appoint Mathenjwa on the post. 


02 May 16:36

02 May 16:36

02 May 16:26
"It's my understanding that none of these prosecutors including him [Maema]...there have been suggestions from other prosecutors that their appointments to prosecute in KZN was irregular, and Maema was one of them," says Booysen.

02 May 16:20

Wits University in conjunction with other universities were doing an investigation into state capture, says Booysen.

"We were doing criminal investigations," says Booysen.

"SARS was doing SARS investigations."


02 May 16:18
According to Booysen, a complaint was filed with Adv Abrahams accusing Maema of lying under oath. "I have not independently verified this," says Booysen.

02 May 16:15
Booysen now moves on to prosecutor Sello Maema.

02 May 16:14
Booysen concludes the section with Adv Jiba.

02 May 16:10

02 May 16:07

02 May 16:00

According to the slide, the four cases in question deal with the "Panday investigation", the "Amigos case", the "Looting of the Secret Service account" and the "Cato Manor" case, as well as some cases on the periphery.

Booysen says that inevitably, the same prosecutors are always involved in these cases. He also references the so-called SARS "Rogue Unit" case, as well as the attempts to prosecute him. 


02 May 15:54

September now moves onto a new slide, which she informs Zondo has not been shown at the commission before, which will deal with the theme of Booysen's evidence going forward from this point, which is "he now addresses individual prosecutors within the system in the context of the four investigations that he has given evidence to".

Zondo: "He will give evidence about certain prosecutors now?" 

September: "Yes." 


02 May 15:45

Advocate September further reads from the document: "With regards to the Booysen prosecution, the evidence establishes that she (Jiba) allowed, and in fact enabled, the independence of the NPA to be compromised... Furthermore in the Booysen matter, despite initiating the prosecution, she did not consult with DPP, whose approval was required. And, when a dispute ensued between Mlotshwa and Chauke, she refused to get involved and assist in resolving the issue; this reflects a lack of leadership." 

September states that the recommendations have since been implemented, which is public knowledge.

September: "Those are the pertinent sections of this report, which deals with Booysen."


02 May 15:32

02 May 15:32

Booysen says that subsequent to the Sunday Times apologising to him, he had a radio interview with Karima Brown on Radio 702, "where some of these issues were discussed..." 

Boooysen: "When I left the studio, when I arrived home, I received a text message from Karima Brown from 702 that Minister Mthethwa had issued a media release, again saying what I said during the interview." 

Booysen: "The following morning she phoned me and said to me that she's inviting the minister to the studio, to discuss these issues. Would I be prepared to come back to the studio? And I said to her you can tell the minister I'll meet him in the studio tonight. And she said 'Would you come?' and I said I would." 

Booysen: "I arrived there at the studio that same evening, he didn't arrive, so they dialled him in. And during this conversation, Karima Brown indicated to the minister that I'm in possession of these minutes. He was in the beginning a bit cagey about it, about the meeting and that he hadn't seen the minutes. But then she asked him a very pertinent question - whether he had a meeting with the prosecutors. Which he confirmed, on national radio, on 702."


02 May 15:11

Advocate September now reads from a document in evidence named "Exhibit ZK", which deals in part with the "fresh prosecution memorandum" against Booysen, and reads into record seven points from the document.


02 May 15:10

02 May 14:59

02 May 14:51

Advocate September now continues leading Booysen's evidence, and asks Booysen if the decision changed at all, following his letter. 

Booysen says that subsequent to his letter, addressed to Advocate Nxasana, a few things happened - "One is that Advocate Jiba stood to be prosecuted for the cases in which I was the complainant, and Advocate Gerrie Nel had been in the process of reviewing the withdrawal of these charges..." 

Booysen: "It was at that point where myself and I think, Mr McBride, we thought we were on top of things now, we were at last making headway. Then the next thing, there was the newspaper article about Advocate Nxasana not being fit. Unfortunately, he was elbowed out, and replaced by Advocate Abrahams." 


02 May 14:45

Booysen: "It's just overwhelming, chair, there's just no ways that anyone could come to a rational conclusion that there is no case against Panday and Madhoe."


02 May 14:28

Booysen continues reading into record information from the memo prepared by Noko regarding the charges against Panday and Madhoe being dropped.


02 May 14:19

02 May 14:08

Proceedings resume with Booysen's evidence, after the lunch adjournment.


02 May 13:07

Zondo calls for the lunch adjournment. Back at 14:00.


02 May 12:55

Booysen mentions the evidence attached to the prosecution memo against him, related to the Cato Manor case.

Booysen: "One would not say this lightly, on a platform like this, chair, but I will say it. Advocate Maema blatantly lies in the prosecution memorandums, and I can prove it." 

Booysen: "He says things that is part of the evidence, that's nowhere to be found in the dockets. It just does not exist."


02 May 12:45

02 May 12:39

Booysen is questioned about the alleged pressure on (Noko's predecessor) Simphiwe Mlotshwa to sign an indictment to prosecute him for racketeering.

Mlotshwa also gave evidence at the Mokgoro Inquiry, regarding the decision to authorise Booysen's prosecution.


02 May 12:26

02 May 12:20

02 May 12:13

Booysen touches on Berning Ntlemeza's eventual appointment as head of the Hawks - a position that Booysen himself had applied for.



02 May 12:07

Zondo and September are still trying to establish the exact circumstances around Booysen's return to work, after a two-year absence, and all the events that transpired immediately thereafter, which led to yet another suspension. Booysen notes that the context leading up to this suspension is also very important, but Zondo had only wanted to deal with the specifics of these matters after the lunch break. Booysen informs Zondo that it was all very complicated and needs to be dealt with in chronological order.


02 May 11:47

Booysen says when he eventually returned to work after two years, he found out that the corruption/bribery case against Madhoe and Thoshan Panday had been withdrawn by the NPA director of public prosecutions in KZN at the time, Moipone Noko.


02 May 11:39

Back from the break, Zondo asks Booysen for more clarity around his return to work, despite various attempts to keep him out of office. 


02 May 11:26

Zondo calls for the short morning adjournment. Back in 15mins.


02 May 11:24

Booysen reveals that then-commissioner Riyah Piyega gave him three options, one of which was a "golden handshake" which would've seen Booysen being paid out for his remaining three years of duty, while just sitting at home doing nothing. Booysen notes that he had already been at home for two years while the allegations against him played out. 


02 May 11:20

Booysen currently still on the racketeering case against him, says that in the disciplinary hearing chaired by Nazeer Cassim, it was found that a key witness, Colonel Rajen Aiyer, was a "dismal witness"...

Booysen was later exonerated at the conclusion of this hearing.


02 May 11:06

Booysen, on the SAPS' intention to suspend him, says he requested further information regarding the case against him so that he could make proper representations on why he should not be suspended, but this was not forthcoming, and he approached the Labour Court. 

Booysen says he "firmly believes" attempts to suspend him came about as a result of pressure from then-police minister Nathi Mthethwa. 


02 May 10:50

Booysen says he "found it very suspicious" that the same graphic photographs that Madhoe had shown him during his first attempt to bribe/pressure him, were the same photos that were used in the Sunday Times' report on the so-called Cato Manor "death squad". 

Booysen says the photographs had to have come from police case dockets. 

Booysen says they were procedural police photographs, which were routinely taken as part of investigations, and he couldn't understand why Madhoe was showing the photographs to him at the time.


02 May 10:44

02 May 10:42

Advocate September now directs Booysen's evidence to the question of "racketeering and process" - the process of evaluating racketeering charges within the NPA, based on his experience.


02 May 10:32

The commission's legal team will explore the Mokgoro Inquiry report and deal with matters relating to Booysen, who had also testified at that inquiry, regarding a probe into the fitness of advocates Nomgcobo Jiba and Lawrence Mrwebi to hold office at the National Prosecuting Authority (NPA).


02 May 10:29

Zondo says the commission must write to national police commissioner General Khehla Sitole to officially inform him of the situation that Booysen has raised, regarding Madhoe - who had tried to bribe Booysen to the tune of R1.4m - still being on active duty.


02 May 10:17

Booysen raises a point with Zondo about Colonel Navin Madhoe - who had been arrested for attempting to bribe Booysen - still being in office eight years later, with no repercussions.


02 May 10:11

Advocate Veruschka September, who will continue leading Johan Booysen's evidence, announces that legal representation for senior SAPS/Hawks officers - Zinhle Mnonopi and Advocate Mandla Mtolo - are present at the commission today.

Booysen continues.


02 May 10:07

Proceedings have commenced, with Advocate Paul Pretorius addressing Deputy Chief Justice Raymond Zondo on procedural issues. 


02 May 09:41


02 May 09:41

ICYMI: 

State capture inquiry: Mrwebi queried validity of cases former KZN Hawks boss probed 

Former KwaZulu-Natal Hawks boss Johan Booysen says suspended special director of public prosecutions Lawrence Mrwebi queried the legal validity of the corruption case of a policeman and a controversial KZN businessman.

Colonel Navin Madhoe and businessman Thoshan Panday had been charged with corruption for allegedly trying to bribe the Hawks boss who was investigating Panday for procurement contracts with the South African Police Service (SAPS) during the 2010 World Cup.

"Soon after both had been arrested and appeared in the commercial crimes court in Durban, the investigating officer alerted me that the prosecutor Bheki Manyathi had received communication from advocate Mrwebi."

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