Johan Booysen to spill the beans at inquiry

Johan Booysen's retelling of Nomgcobo Jiba's decision to institute charges of racketeering against him may seal Jiba's fate at the NPA.
Johan Booysen's retelling of Nomgcobo Jiba's decision to institute charges of racketeering against him may seal Jiba's fate at the NPA.
Image: Phill Magakoe

Ghosts from Nomgcobo's Jiba's questionable prosecutorial decisions will come back to haunt her this week when former KwaZulu-Natal Hawks boss Johan Booysen takes the stand at the Mokgoro inquiry.

Sunday World's sister paper Sunday Times understands that Booysen's testimony paints a scathing picture of the now-suspended deputy national director of public prosecutions, whose fitness to hold office is being probed by former Constitutional Court justice Yvonne Mokgoro and her panel.

Jiba is also mentioned as one of the NPA (National Prosecuting Authority) officials who allegedly received bribes from controversial company Bosasa, according to testimony at the State Capture Inquiry by former Bosasa executive Angelo Agrizzi.

Agrizzi claims the bribes were made to protect Bosasa bosses from prosecution. Booysen's retelling of Jiba's decision to institute charges of racketeering against him, a move which brought to an end his three-decade-long crime-busting stint, may seal Jiba's fate at the NPA.

Sources close to the commission said that in his affidavit, Booysen goes to great lengths to map out a timeline of litigation since Jiba, in 2012, acted on allegations that he and his team ran a criminal enterprise now infamously known as the "Cato Manor Death Squad".

He is said to draw on the ruling of Trevor Govern, a high court judge in Durban, in 2014, which exonerated Booysen and further implicated Jiba in fraud and perjury - a matter which still remains stagnant within the confines of the NPA.

Using this context, Booysen in his affidavit takes aim at Jiba and her former boss, Shaun Abrahams. He is expected to make a case for how Jiba "rode roughshod" over what is required of her from the NPA's code of conduct and SA's constitution.

Booysen is expected to tell the commission that Jiba's decision to authorise his prosecution was irrational as it was influenced by false statements against him.

Jiba is accused of lying when she told the courts in a sworn affidavit that she was in possession of statements which incriminated Booysen before she made the decision to prosecute him. But it was found that she signed the authorisation to have him prosecuted weeks prior to some of the statements being deposed.

Booysen will argue that none of the statements which Jiba relied on link him to the commission of the offences he was charged with, and that Jiba relied on hearsay evidence when making her decision. To strengthen his case, Booysen is expected to use a 2017 judgment by the North Gauteng High Court which set aside a decision by Abrahams, when he was appointed as national director of public prosecutions, to withdraw the charges against Jiba.

Booysen, who is expected to appear before the inquiry on Friday, was approached for comment and said he would not pronounce on the veracity of the contents of his affidavit as reported.

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