Former KZN Hawks boss General Johan Booysen detailed how an investigator was instructed to hand over a docket which would incriminate former crime intelligence boss Richard Mdluli. Picture: Karen Sandison/African News Agency(ANA)

Johannesburg - Former KwaZulu-Natal Hawks boss General Johan Booysen wrapped up his second day of testimony on Thursday at the Zondo commission where he detailed how an investigator was instructed to hand over a docket which would incriminate former crime intelligence boss Richard Mdluli. 

Booysen told the inquiry that the Hawks were conducting an investigation into misuse of a crime intelligence secret fund. The fund is meant to finance covert crime intelligence operations. 

Some of the irregular payments made through the fund were the construction of a wall at former police minister Nathi Mthethwa’s house in KZN. Booysen said in some instances people who had no experience within the police service were registered as agents and drew salaries from the fund. 

The General said a whistleblower had reported that the fund was being abused and so an investigation commenced. 

Brigadier Simon Madonsela, a colleague of Booysen, had been in charge of investigating the KZN side of the secret fund investigation. Madonsela had expressed his frustrations to Booysen about crime intelligence’s lack of co-operation. Booysen, who was not directly involved in the case, advised Madonsela to obtain a 205 notice from the court which would grant him access to documents needed. 

When Madonsela approached the court, a crime intelligence officer notified the court that a notice was not needed and that unit would hand over the documents Madonsela needed. 

The General had made handwritten notes and lists of the information listed in the docket. 

He alleged that Madonsela was later instructed to handover the docket pertaining to the investigation. Madonsela was told instructions had been given by former national police commissioner Riah Phiyega. Booysen said the investigation was later handed over to a junior to investigate the matter. 

Booysen said the Independent Police Investigative Directorate later began investigations into the case. When he perused the docket for a second time he found that all the incriminating evidence against Mdluli and other suspects had been removed from the docket. 

“So I went through the statements and I compared them to my list and I found that every single statement from witnesses that incriminated Richard Mdluli and other police officers was removed from the docket,” said Booysen. 

“I then made an affidavit describing the circumstances and what they said (in the statements) and I handed what they said to Mr McBride,” he said. 

Booysen also told the commission how KZN NPA head advocate Moipone Noko withdrew criminal charges against a possibly corrupt police officer Navin Madhoe and Durban businessman Thoshan Panday despite the overwhelming evidence against the two. 

He also told the commission that Noko also withdrew charges against KZN ANC leader Mike Mabuyakhulu and a number of co-accused. The case involved fraud, racketeering and corruption charges related to a water purification tender for KwaZulu-Natal’s health department.

On Thursday, Booysen told the commission that former KZN police commissioner Mmamonnye Ngobeni had pressured him to drop the investigation into Panday. 

In 2010 the Hawks in KZN began an investigation into Panday and his group of companies for possible corruption in the  KZN Saps procurement of accommodation for Saps officials for the 2010 Soccer World Cup. 

Panday had alleged booked the accommodation through his company and had inflated the prices and benefited with a profit of R60 million. Booysen said Saps had also used Panday’s company for procuring various other items. 

Booysen will resume his testimony on May 2. 

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