Key Takeaways
- The National Prosecuting Authority (NPA) has reached an out-of-court settlement with former KwaZulu-Natal Hawks boss Major General Johan Booysen over a wrongful prosecution case.
- Booysen had filed a R7 million damages suit against the state in 2019 after being charged with racketeering and corruption in 2012.
- The charges were authorized by former acting national director of public prosecutions Nomgcobo Jiba and later reinstated by Shaun Abrahams in 2016.
- The case was set to go to trial in November, but a settlement was reached under a non-disclosure agreement, reportedly in the millions.
Introduction to the Case
The National Prosecuting Authority (NPA) has reportedly reached an out-of-court settlement with former KwaZulu-Natal Hawks boss Major General Johan Booysen over a wrongful prosecution case. This settlement brings an end to a long-standing legal battle between Booysen and the NPA, which began in 2012 when Booysen was charged with racketeering and corruption. The charges were authorized by former acting national director of public prosecutions Nomgcobo Jiba, and later reinstated by Shaun Abrahams in 2016. Booysen had filed a R7 million damages suit against the state in 2019, alleging wrongful arrest and malicious prosecution.
The Arrest and Charges
The case against Booysen began in 2011 when he arrested Colonel Navin Madhoe, who was alleged to have facilitated a bribe. During the arrest, allegations arose that Booysen had accepted bribes from Madhoe. The state believed it had a strong case against Booysen, with former senior prosecutor advocate Bheki Manyathi testifying that Booysen’s fingerprint was found on a report that was strictly for the eyes of the police. Manyathi also stated that a pre-dated report was found in Madhoe’s car, and R1.3 million was found in Booysen’s car during the sting operation that led to his arrest.
The Dismissal of Charges
In 2014, Judge Trevor Gorven dismissed the criminal charges against Booysen, stating that Jiba’s conduct was arbitrary, unlawful, and unconstitutional. However, when Shaun Abrahams took over as National Director of Public Prosecutions (NDPP) in 2016, he reinstated the charges. Booysen and the other accused then brought high court applications to have the authorizations set aside. The NPA appointed a panel to review the authorizations, which concluded that a proper case was not made out on the papers presented. The panel recommended that the authorizations of both Jiba and Abrahams were invalid.
The Withdrawal of Charges and Settlement
In 2019, National Director of Public Prosecutions Shamila Batohi withdrew the charges against Booysen. Booysen then instituted a claim against the NPA, which was set to go to trial in November. However, an agreement was reached under a non-disclosure agreement in the same month. According to reports, the settlement is in the millions, and Booysen has stated that he is satisfied with the outcome. The settlement brings an end to a long and contentious legal battle between Booysen and the NPA.
Conclusion and Aftermath
The settlement between the NPA and Booysen is a significant development in a case that has been ongoing for many years. The case has highlighted issues of wrongful prosecution and the importance of ensuring that the justice system is fair and impartial. The NPA has taken steps to address these issues, including the appointment of a new leadership and the implementation of reforms aimed at improving the integrity and effectiveness of the prosecution system. The settlement is also a victory for Booysen, who has maintained his innocence throughout the ordeal. The exact terms of the settlement remain confidential, but it is clear that Booysen has been vindicated and that the NPA has acknowledged its mistakes in the case.
:max_bytes(150000):strip_icc():focal(749x0:751x2)/Chloe-Fineman-122125-1-7607bb600c2f42cf8a568ece6a52c01d.jpg?w=300&resize=300,300&ssl=1 "Celebrities in the Spotlight")
