Top cops ‘in plot to shaft Booysen’

Johan Booysen

Johan Booysen

Published Sep 22, 2014

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Durban - Suspended KwaZulu-Natal hawks head Major-General Johan Booysen has been exonerated of any wrongdoing in a report penned by one of South Africa’s leading advocates, which lays bare what he says are “objective facts” showing corruption “at the highest level” and that charges were contrived because provincial police commissioner Mmamonnye Ngobeni wanted him gone.

“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 who would arduously strive to bring wrongdoers to book,” advocate Nazeer Cassim, SC, said in his report detailing his findings as chairman of an internal SAPS disciplinary inquiry.

The inquiry, he says, was “permeated by a political agenda”.

And, while Cassim says it would be “unjust” not to reinstate him immediately “so that he can do what he is best suited to do, that is to fight crime”, police commissioner General Riah Phiyega – who Cassim labels an “evasive and unsatisfactory witness” – has instructed that he stay at home because she is taking the matter on review.

On Sunday, Ngobeni said the issue was being dealt with at national level. Phiyega’s spokesman Lieutenant-General Solomon Makgale said there would be no comment until the matter had been finalised.

Booysen was suspended two years ago after his arrest, along with members of the Cato Manor organised crime unit, on allegations that they were operating a “death squad”. They were charged with racketeering and more than 100 other charges, including murder and robbery.

The State was forced to withdraw all charges against Booysen in March this year after a judge ruled that then acting director of public prosecutions, Nomgcobo Jiba, had no evidence before her to sanction his prosecution on racketeering.

On the eve of this – 18 months after his suspension – he was charged internally with “misconduct” and mismanagement relating to his handling of three separate incidents: The shooting of taxi boss Bongani Mkhize; the shooting of schoolboy Kwazi Ndlovu; and his alleged “inaction” against members of the unit following an article critical of their conduct in the Sunday Times.

Cassim clears him of any wrongdoing on all counts and calls into question the motives of one officer – a ballistics expert – who ignored crucial evidence in the Mkhize shooting that the “notorious gangster” had primer residue on his right hand, proving that he had shot at the police.

He lambastes a former commander of the Cato Manor unit, Col Rajen Ayer – who is one of the State’s key witnesses in the criminal trial against the Cato Manor men – labelling him “dismal” and “obsessed by his own importance, political acceptability”.

“I think those in charge of the SAPS ought to carefully consider his role in the police force,” Cassim said, saying if management actually believed it could establish a case against Booysen on his evidence “this was a serious error of judgement or, worse still, a strong indication that the employer sought to create a case where it did not exist”.

Turning to what he describes as “ulterior purpose, politics and the sad reality of South Africa”, he details evidence before him about how Ngobeni attempted to stop an investigation into corruption involving Col Navin Madhoe and a “private individual” (Thoshan Panday) and how Booysen had been summonsed, on more than one occasion, to her office to meet Panday and his legal representative. This, Cassim said, “makes a mockery of policing in our country”.

He said Booysen then caused the colonel to be arrested for attempting to bribe him with a R2 million payment to compromise the investigation. A few months later, the Sunday Times article appeared alleging the unit was operating as a death squad under his command.

And then the tables turned. Madhoe was reinstated and Booysen was suspended.

Booysen wasn’t the only one who was “got rid of”.

One of the investigators into the alleged corruption, Col Vassen Soobramoney, testified that he had “unexpectedly been visited by two senior officers from Gauteng, Richard Mdluli and one Lawrence, who told him his life was in danger and he should immediately relocate to Gauteng where, for the past three years, he has sat doing nothing.

“Soobramoney’s evidence was clear. The provincial commissioner in KwaZulu-Natal as well as Madhoe and Panday were involved in corrupt practices resulting in large sums of money of the SAPS being unaccounted for. The provincial commissioner orchestrated him out of KwaZulu-Natal.

“I would have expected the provincial commissioner to come and give evidence about these serious and damning allegations which suggests corruption at the highest level.

“But a month later, Gen Phiyega came to testify. I do not want to be critical of her more than necessary, but her evidence was evasive and unsatisfactory. Short of telling me she took the decision to prosecute Booysen because she was unhappy with his conduct, she had no insight into any factual content. She could not deal with the state of play of senior police officers, in particular provincial commissioner Ngobeni and Madhoe, other than to say the concerns would be dealt with in ‘due course’.

“This is wholly unsatisfactory and supports, if not augments, the contention that the charges against Booysen were contrived to get rid of him.”

The DA’s Dianne Kohler Barnard said Booysen should “present himself for work this morning”.

“He should ignore the letter (telling him to stay at home pending a review of a disciplinary hearing report) and resume work. This is a lawyer’s letter, he does not need to answer to.

“What will they do? Arrest him? I think not.”

She described the findings of Cassim in his report as “breathtaking” in that it was damning for both the national and provincial police commissioners.

“I’ve asked the minister about the cost to taxpayers of this whole affair. If they take it on review, I believe commissioner (Riah) Phiyega should pay. This is a witch-hunt to protect their jobs and others.”

The report at a glance

The Bongani Mkhize case

It is alleged that Mkhize was shot in the back by members of the Cato Manor unit and Booysen did nothing about it.

In his findings, Cassim said the only evidence was a ballistic report, dated March 2012, four years after the shooting.

This report ignored the finding of a chief forensic science analyst that Mkhize’s hand had tested positive for primer residue.

‘I have difficulty understanding the case against Booysen when there was a thorough investigation into the shooting and no evidence was found implicating any policeman in any wrongdoing.

‘Moreover, at the relevant time, the provincial commissioner was Hamilton Ngidi, there were two deputies and then Booysen. It is wrong to single him out.’

The Kwazi Ndlovu case

It was alleged that members of the Cato Manor unit stormed into a house seeking an escaped prisoner but shot Ndlovu, an unarmed 16-year-old boy.

It was alleged Booysen did nothing about this, but Cassim said that it was the responsibility of the immediate commander to take disciplinary steps.

According to Booysen, he did follow up by calling the responsible commander. It should further be taken into account that the National Director of Public Prosecutions declined to prosecute any of the policemen involved.

The Sunday Times article

Booysen took steps by appointing a senior officer to conduct an investigation which resulted in one policeman being cautioned and counselled.

The provincial legal officer said Booysen consulted him on the steps that could be taken. There was also evidence that it was the responsibility of the unit commander, not the provincial commander, to take disciplinary action.

The direct commander of Cato Manor, Col Rajen Ayer

Ayer claimed both he and the Independent Complaints Directorate were undermined by Booysen.

Cassim said: “I find him not to be the kind of professional one would expect holding the rank he holds. He is obsessed with his own importance and his testimony is permeated by his political acceptability and self-importance.

“He is determined to tarnish Booysen’s reputation and dignity as irrespective of the cost to the police service.

“His affidavit and other documents he relies upon are punctuated by invective and occasionally pure hatred for Booysen. He is obsessed by the notion that there is a vendetta to have him killed – to the extent that he is paranoid.

“I find no substance in this speculative realm of make believe.”

The Mercury

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