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. 

KEEP UPDATED on the latest news by subscribing to our FREE newsletter.

- FOLLOW News24 on Twitter

We live in a world where facts and fiction get blurred
In times of uncertainty you need journalism you can trust. For only R75 per month, you have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Journalism strengthens democracy. Invest in the future today.
Subscribe to News24
Lockdown For
DAYS
HRS
MINS
Voting Booth
Will you continue to use WhatsApp following the company announcing a change terms of service which would force users to share personal data?
Please select an option Oops! Something went wrong, please try again later.
Results
Yes, the terms of service do not bother me enough to switch
52% - 7609 votes
No, I will be switching over to a new service
44% - 6354 votes
I've never used WhatsApp
4% - 584 votes
Vote
ZAR/USD
15.16
(+0.42)
ZAR/GBP
20.59
(+0.35)
ZAR/EUR
18.30
(+0.36)
ZAR/AUD
11.64
(+0.53)
ZAR/JPY
0.15
(+0.20)
Gold
1835.90
(+1.30)
Silver
24.94
(+2.33)
Platinum
1083.00
(+1.97)
Brent Crude
54.79
(0.00)
Palladium
2365.01
(+0.04)
All Share
63713.87
(+0.26)
Top 40
58548.17
(+0.17)
Financial 15
11904.46
(-0.10)
Industrial 25
84813.75
(+1.20)
Resource 10
63219.33
(-1.00)
All JSE data delayed by at least 15 minutes morningstar logo