Batohi stands by NPA’s handling of Booysen racketeering certificates

National Director of Public Prosecutions (NDPP) Shamila Batohi has justified the National Prosecuting Authority’s (NPA) handling of racketeering certificates relating to former police officers during her testimony at the Nkhabinde Inquiry.

She was led by Evidence Leader Advocate David Mahlomanyane and provided a detailed account of the litigation and internal processes surrounding the review of these certificates.

Batohi said that Major-General Johan Booysen, in early 2013, launched an application to review and set aside racketeering certificates issued by acting National Director Nomgcobo Jiba.

She explained that Booysen had “requested Jiba to make available all documents on which the state had intended to rely,” and that in response, 23 docket files were provided.

Of these, Booysen focused on two, claiming that statements in the dockets indicated he had arrived on the scene of the shootings after the events had taken place.

She outlined that Jiba had deposed to an answering affidavit, which, according to Batohi, was finalised with the assistance of DPP Advocate Andrew Chauke.

Batohi referenced the confirmatory affidavit filed by Chauke, confirming the accuracy of Jiba’s affidavit, and stressed that the affidavit set out why Jiba had considered a prima facie case existed.

She noted that this included statements from Colonel Rajendran Sanjeevi Aiyer, Aris Danikas, and Bhekinkosi Mthiyane Ndlondlo, detailing the murders of at least 23 people and associated claims, with copies attached to her own affidavit.

Batohi further explained that Booysen challenged these statements in a replying affidavit, arguing that two statements by Aiyer did not implicate him, that one was dated two weeks after the racketeering certificates had been issued on 17 August 2012, and that another purported statement from Danikas was unsigned, undated, and irrelevant to the indictment.

A fourth statement, from Ndlondlo, likewise did not implicate Booysen. Despite these challenges, Batohi said, Jiba did not file a further affidavit, but Advocate Chauke provided a memorandum to Booysen’s legal team responding to the points raised.

She recounted that the judge in Booysen’s review application, Judge Trever Gorven, was critical of Jiba, finding that the decisions to authorise prosecution were arbitrary and unconstitutional, as there was no material supporting a rational decision to prosecute.

“The impugned decisions were arbitrary, offended the principle of legality, and therefore the rule of law, and were unconstitutional,” Batohi recounted from the judgment, adding that the court consequently set aside the decisions and Jiba’s authorisation of the racketeering certificates.

Batohi also provided dates for clarity. She said the original certificates were signed by Jiba on 17 August 2012, while fresh certificates were issued by then-NDPP Shaun Abrams on 13 February 2016.

She added that when she assumed office in February 2019, she reviewed the matter in light of ongoing litigation and the Mokgoro Commission’s investigation into Jiba and Advocate Lawrence Mwrebi.

She appointed a panel to examine the authorisations, which produced a report dated 27 June 2019, after which the NPA withdrew its opposition to Booysen’s review application.

hope.ntanzi@iol.co.za

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