The former KZN Hawks head claims the Nkabinde inquiry is trying to revive the Cato Manor case “through the back door”.
Former KwaZulu-Natal Hawks head Johan Booysen has hit out at the Nkabinde inquiry, calling it “self-serving and an abuse of process”.
The Nkabinde inquiry is looking into Gauteng Director of Public Prosecutions Andrew Chauke’s fitness to hold office. It was formed after the National Director of Public Prosecutions (NDPP) Shamila Batohi alleged he had protected high-profile people and made politically motivated prosecution decisions.
However, during the hearings, the inquiry has often focused on the racketeering charges that were authorised against Booysen and members of his Cato Manor Unit.
In 2019, Batohi withdrew the charges against him and his unit.
Nkabinde inquiry accused of trying to revive Cato Manor case
City Press reports that Booysen is now accusing the Nkabinde inquiry of trying to revive the case “through the back door”.
“Any attempt to revive the Cato Manor case through the back door is self-serving and an abuse of process,” Booysen said.
“The taxpayer has already been burdened with an investigation spanning seven years, costing millions of rand. The high court in Durban has already dismissed the evidence of businessman Aris Danikas, linked to the Cato Manor case, and so did the late Advocate Rodney de Kock’s investigation panel when he served as deputy national director of public prosecutions.
“It is an attempt to deflect from the issue under scrutiny — which is Chauke’s conduct.”
Booysen’s legal team has previously raised concerns about the Nkabinde inquiry, saying he was never given a fair chance to counter the claims against him.
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Nkabinde inquiry spokesperson Tiyisela Mpuzana, however, said the hearing is only trying to gather information needed to asses Chauke’s fitness to hold office.
“The inquiry remains focused on its primary task, namely to establish all relevant facts relating to the allegations contained in the terms of reference in order to assess the fitness of Advocate Chauke to hold office as DPP,” said Mpuzana.
“Any evidence led before the inquiry is considered only insofar as it is relevant and necessary to the proper execution of that mandate.”
Batohi reveals flawed decisions
During the Nkabinde inquiry, Batohi said Chauke was involved in evidence gathering, decision-making and the appeal processes around the Cato Manor case.
Chauke’s lawyer, Advocate Tembeka Ngcukaitobi, grilled Batohi about the basis for her accusations against him. During this questioning, Batohi confirmed she did not read the case docket relating to the racketeering allegations against Booysen before concluding there was no evidence to sustain the charges.
She also conceded that some of the charges levelled against Chauke were incorrect. This led to Batohi’s integrity being questioned.
A few days later, Batohi refused to continue with her testimony at the Nkabinde inquiry until she had consulted with her legal team.
NPA reaches settlement with Booysen
In 2019, Booysen filed a damages suit for wrongful arrest and malicious prosecution against the state after being charged with racketeering.
The NPA has reportedly reached an out-of-court settlement with him, thought to be in the millions.
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