Former KZN Hawks head Johan Booysen told the Mokgoro inquiry that some of the documents Nomgcobo Jiba relied on to charge him with racketeering were not in the case docket. Picture: Oupa Mokoena/African News Agency (ANA)

Pretoria - Former KwaZulu-Natal Hawks head Johan Booysen on Monday told the Mokgoro inquiry that some of the documents senior advocate Nomgcobo Jiba relied on to charge him with racketeering were not in the case docket.

Booysen made his submissions at the inquiry, headed by retired Constitutional Court judge Yvonne Mokgoro, which has been established to probe the fitness of Jiba and Lawrence Mrwebi to hold office.

Jiba is the deputy national director of public prosecutions and Mrwebi the special director of public prosecutions.

Booysen said he was arrested in August 2012 on charges related to the conduct of the Cato Manor organised crime unit that he headed at one stage.

He explained that there were 23 dockets in the case made against him and he was only mentioned in two dockets. He said there were also no statements from three of the witnesses.

Booysen said this emerged later when the lead prosecutor informed his legal team that certain affidavits were outstanding.

The former police officer said he fully studied the docket Jiba purportedly relied on when she made her decision.

“Madam chair, it was not my understanding. They were not there. 

"I decided to compile an inventory of each and every docket. We reduced that to writing which we sent back to the prosecutor to confirm the correctness thereof," he said.

In her affidavit, Jiba said she referred to statements by former Cato Manor unit commander Colonel Rajen Aiyer, Aris Danikas, a former police reservist and friend of Booysen now living in Greece, and one Ndlondlo, who said he was a police informer.

Booysen disputed Jiba's version and said their statements were not in the docket.

It is believed an unsigned statement from Danikas is in Greece and is dated 2012. 

"Seven years later, that statement has not been signed or translated. As recent as November last year, when my attorney checked, nothing had happened," said Booysen.

Advocate Norman Arendse, for Jiba, countered, saying the statement has been signed and was translated in 2016. 

Judge Trevor Gorven threw out the charges against Booysen, who was suspended at the time. 

The judge went on to describe Jiba’s decision to charge Booysen as arbitrary, offending the principle of legality and, therefore, the rule of law and were unconstitutional.

In his judgement, Gorven agreed with Booysen’s assertion that Jiba lied about having certain statements before her when she decided to prosecute, and could therefore not have used them to make her decision.

African News Agency (ANA)