Former KwaZulu-Natal Hawks head Johan Booysen declined to show-up before the Nkabinde Inquiry.
Image: Independent Media Archives
The Nkabinde inquiry into the fitness of suspended South Gauteng Director of Public Prosecutions, Advocate Andrew Chauke, did not comment on the fact that Major-General Johan Booysen at the last minute abruptly decided not to testify any longer.
Justice Bess Nkabinde, presiding over the inquiry, only noted this turn of events during this week's proceedings. The State Attorney’s Office addressed a letter to Justice Nkabinde as the Chairperson of the Inquiry, in which it was stated: “Please be advised that General JW Booysen has since informed evidence leaders that he will no longer be submitting his statement and will as a result not be coming to give evidence at the inquiry”.
Retired General Booysen stalled for some time in issuing his statement regarding his evidence to evidence leader Advocate David Mohlamonyane SC and in the end, never submitted the document, which in its draft stage, comprised more than 300 pages.
Booysen was due to testify before the Inquiry on Wednesday, but at the start of the proceedings, Mohlamonyane told Justice Nkabinde and the panel that he is no longer coming.
Mohlamonyane on Wednesday placed on record that he had received notice from both Booysen himself and his legal team on Monday - two days before Booysen was supposed to take the witness stand - that he opted out.
Booysen’s attorney informed Mohlamonyane that Booysen had terminated their mandate in this matter. He phoned Booysen himself, who then confirmed the fact that he will no longer testify, Mohlamonyane said.
In responding to questions by panel member Matshego Ramagaga, Mohlamonyane explained that he had previously travelled to Cape Town on two occasions to extensively consult with him in person.
Mohlamonyane said at some point Booysen said his statement was around 300 pages and he was continuing to develop it. Booysen indicated that he wanted to respond to each witness who had referred to him during the Inquiry. This prompted Ramagaga to comment that it is clear Booysen closely followed the proceedings.
Mohlamonyane also explained that he had previously asked Booysen for a copy of his statement, which was omitted. Booysen indicated that his statement will be drafted by his lawyers. Mohlamonyane said Booysen did not provide any reasons for no longer submitting his statement or for refusing to testify.
Booysen’s evidence was to form a vital part of the inquiry, as it concerns two broad complaints against Chauke. The first relates to the institution of racketeering charges against Booysen and members of the Cato Manor Unit and the subsequent defences of the proceedings instituted by Booysen to set aside the racketeering certificates.
It is claimed that Chauke insisted on Booysen’s and members of the Cato Manor Unit’s prosecutions on racketeering charges, while there was no evidence to link them to this. It is alleged that even after the courts had cleared Booysen’s name, Chauke was still instrumental in fighting those judgments.
IOL meanwhile reported this week that the uMkhonto weSizwe (MK) Party has called for the immediate reinstatement of criminal charges against Booysen and members of the controversial Cato Manor Unit, warning the National Prosecuting Authority (NPA) to act within seven days or face legal and parliamentary consequences.
The party stated that it had formally written to the National Director of Public Prosecutions, Advocate Andy Mothibi, demanding a fresh evaluation of the case and the revival of charges linked to alleged extrajudicial killings in KwaZulu-Natal.
The party argues that the Cato Manor killings were not isolated incidents but part of a broader pattern of police conduct dating back to the apartheid era.
The Inquiry meanwhile did not sit on Thursday but will resume on Friday to deliver its ruling in an application by Shamila Batohi to consult her lawyers while still under oath. Batohi walked out of the commission in December while being cross-examined by Chauke’s legal team.
The mandate of the Inquiry ends at the end of this month.