Panday Claims Vindication as Former DPP Backs Racketeering Charges Against Ex-Hawks Boss Johan Booysen

Prominent KwaZulu-Natal businessman Thoshan Panday has expressed feelings of vindication following the testimony of retired Director of Public Prosecutions (DPP) Advocate Moipone Noko.

During her appearance before the Nkabinde inquiry, Noko affirmed her support for the decision made by former National Director of Public Prosecutions (NDPP) Shaun Abrahams to charge former Hawks KZN head Major-General Johan Booysen and the Cato Manor Police Unit with racketeering.

The purpose of the inquiry was to examine the fitness of Andrew Chauke to retain his position as South Gauteng’s DPP.

This resurgence of interest in the Cato Manor case has brought to light allegations against law enforcement that have long lingered in the shadows.

Panday has alleged that Booysen employed underhand tactics against him to bring fraud and corruption charges that the businessman claimed were baseless.

Panday said: “It’s clear from the Nkabinde inquiry that Shamila Batohi was protecting Booysen. Now that she’s gone, the NPA must let Booysen answer in a court of law.”

During her testimony at the inquiry, Batohi admitted that she did not personally read the case docket implicating Booysen and members of the Cato Manor unit.

She withdrew the racketeering charges, citing insufficient evidence to support the prosecution, and confirmed that the murder charge against Booysen was also dropped for the same reason.

“I didn’t study the dockets,” Batohi told the panel. “My answer now also relies on the evidence of a report from the DPP in KZN.”

Given allegations that Booysen’s Cato Manor unit previously operated as a “death squad”, the implications of Noko’s testimony could result in a fresh legal probe into the unit’s operations.

Noko spoke authoritatively about the intricacies of the case, revealing her initial involvement in 2012 when the Cato Manor matter first came to light.

Under her authority as former KZN DPP, an investigation led to the identification of an alleged pattern of illegal activity within the Cato Manor unit, which resulted in the deaths of 28 individuals across various incidents between 2008 and 2011.

Noko said: “There appeared to be a pattern of illegal activity; the police are saying their lives were in danger, so there was that modus operandi.”

Noko spoke of how the unit allegedly fabricated justifications for their killings, often staging scenes to suggest that the deceased posed a threat.

She claimed: “The issue here is that the people created an impression at every scene of murder that the deceased were posing some danger towards them.”

Panday, who previously had charges against him dropped relating to fraud and corruption, maintains that the evidence against him stemmed from illegal surveillance orchestrated by Booysen and his associates.

“The supposed evidence was obtained through illegal phone monitoring conducted by individuals linked to Booysen and Crime Intelligence,” he said.

In response, Booysen denied the allegations, stating that none of the statements made implicated him.

He said he had prepared a comprehensive statement to address the specific claims against him.

“I will present more details at the Nkabinde inquiry. I have been approached by evidence leaders of the inquiry, so I don’t want to reveal anything more in the matter.”

Booysen also dismissed Panday’s assertion that he illegally bugged the businessman’s calls, describing the claims as ludicrous and laughable.

“Telephone interceptions are conducted by Crime Intelligence, not me. I do not control whose calls they intercept. There is no reason for Advocate Batohi to protect me. The High Court in Durban ruled in 2014 that there was no evidence against me. At the time, Advocate Batohi was still working in The Hague.

“Shaun Abrahams re-prosecuted me based on the same evidence the court previously rejected. Advocate Batohi withdrew charges against me based on a report by four senior NPA advocates,” he said.

Booysen added that two other NPA advocates — Ferreira and Van Eeden — also questioned the validity of his prosecution in a report during 2015.

“The present DPP for KZN also reviewed the matter in 2019. She too refused to prosecute me.”

Advocate Noko was later moved to the North West province, where she tendered her resignation in 2021.

DAILY NEWS