State capture: Booysen claims Madhoe, Panday prosecution decision was "an attack on me'

Former KwaZulu-Natal Hawks head Johan Booysen at the judicial commission of inquiry into state capture in Johannesburg. (Felix Dlangamandla/Gallo Images)
Former KwaZulu-Natal Hawks head Johan Booysen at the judicial commission of inquiry into state capture in Johannesburg. (Felix Dlangamandla/Gallo Images)

A memorandum that spelt out a decision that police officer, Colonel Navin Madhoe, and businessman Thoshan Panday should not be prosecuted was an "attack on me", a former Hawks boss claimed.

The former KwaZulu-Natal Hawks boss, General Johan Booysen was testifying at the state capture commission of inquiry on Thursday and the memo referred to was from then Director of Public Prosecutions in KZN, advocate Moipone Noko.

"What concerns me the most about the memo is that it is an attack on me. It makes me look like the accused person. I would have at least expected her to give me an opportunity to state my case," Booysen added.

Controversial Umhlanga businessman, Panday, and Colonel Madhoe were charged with corruption for allegedly attempting to bribe Booysen in 2011 with R2m to backdate a report on an investigation into accommodation tenders worth R60m, News24 earlier reported.

ALSO READ: Former KZN police boss instructed Booysen to shut down 'Panday investigation' - state capture inquiry hears

In the memorandum, which was read out at the inquiry, Noko cited a "lack of reasonable prospects of a successful prosecution" and "agendas among the parties" as reasons for the withdrawal of the charges.

"She (Noko) said you may have had an agenda to have the provincial commissioner prosecuted? Had she approached you about this? inquiry chairperson, Deputy Chief Justice Raymond Zondo, asked the witness.

"Chair, not once, even from my arrest, had I been given an opportunity to give a warning statement or respond with my version," Booysen said in response.

ALSO READ: 'I was shaking' - Booysen on the arrest of KZN cop Navin Madhoe

The former Hawks boss also expressed concern about how Noko concluded that there was no case.

"Despite all the overwhelming evidence, she says there is no case. It is incomprehensible that she could come to this conclusion," Booysen said.

To this day, Panday and Madhoe are yet to appear in court on charges of corruption, he added.

Evidence leader, advocate Veruschka September asked if a letter that Booysen wrote to former National Director of Public Prosecutions, advocate Mxolisi Nxasana, about the case resulted in any changes to Noko's decision.

Booysen explained that two things happened after the said letter; advocate Nomgcobo Jiba stood to be prosecuted for the cases in which he was the complainant and advocate Gerrie Nel reviewed the withdrawal of the charges.

"It was at that point where myself and I think, Mr [Robert] 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 Shaun Abrahams," he said.

The inquiry continues. 

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