Durban - KwaZulu-Natal Hawks head Major-General Johan Booysen was back at work on Monday in apparent defiance of an instruction from SAPS management that he must stay at home.
Although Booysen – who has been on suspension for more than two years – was cleared of any wrongdoing after a disciplinary hearing, he was informed by the Office of the State Attorney that national police commissioner Riah Phiyega was applying to review the findings of the chairman, advocate Nazeer Cassim SC.
While Cassim said he should be reinstated immediately, L Kalashe of the State Attorney in Pretoria wrote in a letter to Booysen’s lawyer: “Our instructions are that the trust relationship between Booysen and SAPS has broken down.”
He said the intended review was in light of the evidence presented and the “host of regularities (sic)” in the findings.
He advised that Booysen should not report for duty.
Booysen’s lawyer, Carl van der Merwe, confirmed he had written back advising that his client would return to work, and any attempt to block this would be challenged in court.
Booysen could not be reached for comment, but sources close to him confirmed he was back at his desk because, in his view, he had been exonerated.
The source said the reception from provincial commissioner Mmamonnye Ngobeni had been “frosty”, but most senior personnel had welcomed him back warmly.
A Durban labour lawyer said Booysen was right to go back to work.
“Police management appointed the chairman, and they must live with his finding. If they approach the court to have it set aside, they will get blown out of the water unless they can prove some serious misconduct on the part of the chairman,” he said.
“And advocate Cassim is one of the most respected lawyers.”
He said if they tried to enforce Booysen’s continued suspension, he would have the right to approach the court for an order that they were in contempt of Cassim’s ruling. Regarding the claim of a breakdown in trust, the lawyer said this had to be proved, not just stated.
Cassim’s report was damning of senior police management, finding that Booysen was ousted through “contrived charges” because Ngobeni wanted to get rid of him.
Cassim said the evidence before him showed that Ngobeni was involved with “corrupt practices” with a businessman and another policemen, and that these were being investigated by people under Booysen’s command.
“He was removed because he was perceived as a determined, professional, competent and tenacious policeman who would arduously strive to bring wrongdoers to book,” Cassim said, dismissing all three charges against him.
The advocate also criticised Phiyega, whose evidence was “unsatisfactory and evasive”.
Neither Phiyega nor Ngobeni have commented so far.
All criminal charges against Booysen were withdrawn earlier this year after he successfully challenged his prosecution on racketeering.
The Mercury