The NPA has reportedly reached an out-of-court settlement with former KwaZulu-Natal Hawks boss Major General Johan Booysen.
In 2019, Booysen filed a R7 million wrongful arrest and malicious prosecution damages suit against the state after being charged with racketeering and corruption.
The charges were authorised by the then acting national director of public prosecutions, Nomgcobo Jiba, in 2012. The racketeering charges were authorised following Booysen’s arrest of Colonel Navin Madhoe, during which allegations of bribery arose.
Madhoe was arrested on 8 September 2011 following a sting operation by Booysen, during which Madhoe allegedly facilitated the bribe.
‘Strong case’ against Booysen
When the charges against Booysen were laid, the state believed it had a strong case against Booysen for allegedly accepting bribes from Madhoe.
“What informed my decision to say there is a case, I was mindful that if I arrested him unlawfully, I would be sued. His fingerprint was found on a report that is strictly for the eyes of the police,” former senior prosecutor advocate Bheki Manyathi previously said at the state capture commission.
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“There was a pre-dated report that Booysen gave to Madhoe, the exchange occurred on the day that Madhoe was arrested. The pre-dated report was found in Madhoe’s car, and the money [to the tune of R1.3 million] was found in Booysen’s car during the sting operation that led to his arrest,” Manyathi testified.
When Judge Trevor Gorven dismissed criminal charges against Booysen in 2014, he said Jiba’s conduct was arbitrary, unlawful, and unconstitutional.
‘Invalid authorisations’
Despite this, when Shaun Abrahams took over as NDPP in February 2016, he reinstated the charges.
Following this, Booysen and the other accused brought high court applications to have the authorisations set aside.
“In the circumstances, the NDPP needed to decide what the NPA position would be in the litigation; this required that she satisfy herself as to the validity of the authorisations. To this end, the NDPP appointed a panel to review the authorisations and to provide her with an opinion and recommendations,” said the NPA following Booysen’s court action.
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“The panel comprised two Directors of Public Prosecutions, Adv Rodney de Kock and Adv Ivy Thenga, Deputy Director of Public Prosecutions, Adv Shareen Riley and Senior State Advocate Elijah Mamabolo; the latter two are part of the organised crime component of the NPA, with particular expertise in racketeering prosecutions.
“The panel finalised its review and submitted a report with recommendations to the NDPP. The unanimous conclusion of the panel is that ‘in respect of the authorisations, a proper case was not made out on the papers presented.”
The panel recommended that the authorisations of both Jiba and Abrahams were invalid.
National Director of Public Prosecutions Shamila Batohi withdrew the charges in 2019. Booysen then instituted a claim against the NPA.
According to City Press, the wrongful prosecution matter between the NPA and Booysen was set down for trial in the first week of November.
However, an agreement was reached under a non-disclosure agreement in the same month.
Booysen told the publication he was satisfied with the settlement, which is reported to be in the millions.
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