Johannesburg - Suspended KwaZulu-Natal Hawks boss Johan Booysen has filed an urgent court application in a bid to have his suspension set aside, arguing that the suspension is nothing else but an attempt to get rid of him.
Booysen dropped a bombshell as he revealed how National Police Commissioner Riah Phiyega offered him a multimillion-rand early retirement offer in an attempt make him leave the service.
These startling details are contained in Booysen’s urgent application at the Durban High Court, where he is challenging his suspension. He was served with the letter to that effect last week.
Hawks spokesman Hangwani Mulaudzi said “we will oppose” Booysen’s application.
Booysen is challenging the newly appointed national head of the Hawks Berning Ntlemeza’s decision to place him on suspension for allegedly making a fraudulent claim of more than R15 000.
Initially, the notice to suspend was served on Booysen on August 9, and he was given 24 hours to give reasons as to why he shouldn’t be suspended. In his founding affidavit, Booysen denies the allegations against him. He argues that he was not given enough time to respond to the allegations before the decision to suspend him was taken.
He denies making a claim of R15 000. According to Booysen, he and several of officers in his command were each paid an amount of R10 000 for linking a certain Mr Buthelezi to the murder of a Superintendent Chonco.
He said the payments were above board and were recommended by their then senior Assistant Commissioner PT Brown who, according to Booysen, made an affidavit to Ntlemeza which supported Booysen’s version. He says Ntlemeza chose to ignore it.
Booysen further argues that Ntlemeza made the claims against him using a wrong case number. “There is absolutely no evidence whatsoever to support the contention that I was party to a fraud,” he says. He also listed a chain of events to be followed before any payment can be made, and expressed surprise that he was the only one charged with that offence.
“I submit that the only reasonable inference that can be drawn from this is that Ntlemeza is acting… with an ulterior motive and is determined to terminate my services,” he argues.
He also questions the police decision to interview for the vacant post vacated by former Hawks boss Anwa Dramat on August 13, 2015, saying “it seems bizarre that I would be considered for the highest post if the authorities truly believed I was guilty of fraud.” He had also been shortlisted, although the position was given to Ntlemeza.
Maintaining that a vendetta was being waged against him, Booysen gives chronological details of previous failed attempts to terminate his service after he began investigating senior officers, including KwaZulu-Natal Police Commissioner Mmamonnye Ngobeni in 2010.
Booysen was investigating a R60 million SAPS accommodation tender involving Thoshan Panday, who was a suspect in the fraud investigation. During the course of the investigation he was instructed by Ngobeni to terminate the investigation, he says in his affidavit.
He says he was served with a notice of suspension on February 12, 2012 by former Hawks head Lieutenant-General Dramat, for investigating Ngobeni. Dramat placed him on suspension March 19, 2012. The suspension was set aside three days later in court, following an urgent court interdict against Dramat.
On August 22, 2012, Booysen was arrested and charged with racketeering, among other charges, and placed on suspension on September 11, 2012. However, all criminal charges were withdrawn on February 2014.
“It is necessary to point out that the National Commissioner (Phiyega) and her immediate predecessor (Nhlanhla Mkhwanazi), through their unlawful and unfair disciplinary proceedings, managed to have me suspended from my duties for a period of two years from September 2012 to September 2014. Since the decision of advocate Nazeer Cassim SC, I have resumed my duties and conducted my duties to the best of my ability.
“The only reasonable and inescapable conclusion I can draw from the aforegoing is that there is an ongoing vendetta to remove me from office because of my commitment to enforce the law and to bring those who participate in corrupt activities to book.
Notwithstanding the National Commissioner’s (Phiyega) efforts to persuade me to leave the SAPS voluntarily by way of a generous severance package, I have resisted doing so, as I take the view that I am obliged to perform my duty,” according to Booysen.
On Saturday Booysen said he declined the golden handshake offer by Phiyega as “I believed in my innocence, and accepting a golden handshake would have been a waste of taxpayers’ money.”
Booysen further said he felt that he still had the skills to make an impact on addressing crime in KwaZulu-Natal.
Phiyega’s spokesman Solomon Makgale, said: “there is no ulterior motive” against Booysen.
He said Phiyega had offered Booysen a severance package because he and Ngobeni could not be reconciled.
Last month police sources told The Sunday Independent that police are allegedly in possession of new evidence – described as “explosive video footage and pictures” – allegedly showing Booysen and the controversial Cato Manor Serious and Violent Crimes Unit celebrating after executing suspects.
“There is no such a video,” said Booysen. “I challenge them once and for all to produce that video, and to stop misleading the public in an endeavour to garner public support.”
He added that while they “carry on doing their talk in a boardroom, I will do my talking in a court room.”
The Sunday Independent