Durban - KwaZulu-Natal Hawks head Johan Booysen – who has served summons in a R10.5 million lawsuit against the police and prosecution authority – has applied and been shortlisted for the national head of the unit which was vacated by his former boss Anwa Dramat in April this year.
A source close to Booysen confirmed on Monday that he had been told to present himself for an interview in Cape Town on Tuesday.
Just days after him serving summons, he was served with a notice of intention to suspend him on an allegation that he committed fraud.
Booysen and his attorney, Carl van der Merwe, have declined to elaborate on the charge, other than to say it was denied.
He was given until on Monday to submit written representations regarding the allegation and why he should not be suspended and face a disciplinary hearing.
Booysen was arrested along with members of the now disbanded Cato Manor Organised Crime Unit in August 2012, accused of racketeering, murder and other charges related to allegations that they operated as a “death squad”.
However, in February last year Durban High Court Judge Trevor Gorven ruled that the then acting director of Public Prosecutions, Nomgcobo Jiba, had no grounds or evidence to sign off on his racketeering prosecution.
All charges were withdrawn against him the following month.
Subsequently he faced an internal disciplinary hearing and was again cleared of any wrongdoing by the chairman, advocate Nazeer Cassim SC, who ruled that all charges against him were contrived because provincial police commissioner Mmamonnye Ngobeni wanted to get rid of him.
“The facts demonstrate an agenda to get rid of Booysen because he was perceived (rightly so, I may add), as a determined, professional, competent and tenacious policeman,” said Cassim.
Resisting further attempts to keep him on suspension, or to put him on leave – and an offer of early retirement – Booysen returned to take up his work about a year ago.
Booysen is not only suing the minister of police, but also national police commissioner Ria Phiyega and Ngobeni in their personal capacities.
Also cited in the summons are Jiba and KwaZulu-Natal NPA head Moipone Noko.
In the particulars of the claim, Booysen states again that Ngobeni told him to stop an investigation into SAPS procurement fraud in which wealthy businessman Thoshan Panday was the main suspect. All that followed was a result of his refusing to do this.
This included being suspended – and re-instated by the Labour Court – his arrest “in full view of the media to obtain maximum publicity” and searches of his home and office.
After being cleared by advocate Cassim, Phiyega initiated but failed to proceed with a review to set aside Cassim’s findings.
According to the summons, Booysen had to approach the court again to stop Phiyega from dismissing him.
“From February 2012 to date, Phiyega initiated and pursued disciplinary proceedings and, through this, ensured my suspension from duty for more than two years,” the summons reads.
He said he had also been unlawfully arrested, detained and attempts were made to prosecute him “on charges where no rational or factual basis existed”.
He said his continued harassment was an abuse of power driven by ulterior motives.
The publicity had led to a perception that he was “personally and professionally dishonest, untrustworthy and complicit in murder and racketeering”.
The respondents will file their responses before the matter is set down for trial.
The remaining 27 Cato Manor accused will appear in court again in October. Those who are also facing charges of racketeering have launched a similar application to Booysen’s to have them set aside Cato Manor.
Jiba was subsequently charged with fraud and defeating the ends of justice because of Gorven’s judgment. Her trial starts on Wednesday.
The Mercury