Mokgoro inquiry: Booysen maintains that Jiba used insufficient evidence to charge him

2019-02-04 17:26
Former KZN Hawks boss Johan Booysen

Former KZN Hawks boss Johan Booysen (News24)

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Former KwaZulu-Natal Hawks boss Johan Booysen says he still believes that the evidence suspended deputy prosecutions boss Nomgcobo Jiba used to charge him was insufficient.

Booysen was testifying at the Mokgoro inquiry, headed by retired Constitutional Court Justice Yvonne Mokgoro, in Centurion on Monday.

"The evidence that she said was before her...could not have been there," Booysen testified. 

The inquiry is looking into Jiba's fitness to hold office as well as that of special director of public prosecutions, Lawrence Mrwebi.

"Two seasoned prosecutors considered that there was sufficient evidence to prosecute you," evidence leader Nazreen Rajab-Budlender said.

"Now, perhaps it's best that...your position, as I understand it in the litigation, was that there wasn't sufficient evidence before her (Jiba) to charge you. Is that right?"

"And having looked at this prosecution memo, do you change that opinion? Your opinion?"  Rajab-Budlender asked.

"No, I don't," Booysen replied. 

READ: Jiba pressured to prosecute Booysen, despite having 'no evidence', Mokgoro inquiry hears

Booysen was charged in August 2012 with managing and participating an "enterprise" through a pattern of racketeering activity, News24 previously reported. 

Apart from the racketeering charges, Booysen was accused of two murders, the unlawful possession of a firearm and ammunition, and defeating or obstructing the course of justice.

However, the State withdrew charges of racketeering following a ruling by Judge Trevor Gorven, in which he condemned Jiba's decision to prosecute Booysen, saying the charges did not meet even the barest minimum requirements.

In his judgement, Gorven said: "Even accepting the least stringent test for rationality imaginable, the decision of the NDPP does not pass muster. 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."

The inquiry continues.

Read more on:    johan booysen  |  nomgcobo ­jiba  |  mokgoro inquiry
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