By Lehlohonolo Lehana.
The retired former KwaZulu-Natal (KZN) Hawks head Johan Booysen, whose name has featured prominently in evidence about the Cato Manor police unit, has withdrawn from the Nkabinde Commission of Inquiry.
The commission is investigating the National Prosecuting Authority’s racketeering charges against Booysen and the Cato Manor unit, as well as South Gauteng director of public prosecutions Advocate Andrew Chauke’s role in defending those decisions and his failure to prosecute former Crime Intelligence head Richard Mdluli.
Calls for the reinstatement of charges against Booysen and his co-accused are growing, with critics arguing that the decision to withdraw lacked a thorough, evidence-based review.
Evidence leader Advocate David Mohlamonyane said Booysen’s wrote to the commission last week confirming the termination of his lawyers’ mandate and that he would not be submitting a statement.
“I received correspondence from General Booysen himself, informing me that he has terminated the mandate of his attorney, Tania Khun and Associates, and his counsel Advocate Hofmeyer, and that he will not be submitting a statement. I picked up the phone and spoke to him, and he confirmed that he will no longer be submitting a statement and, consequently, he will no longer be testifying before this Inquiry.”
He added that Booysen had not given him reasons for withdrawing from the inquiry, but said he knew Booysen had been following the proceedings “through and through” and could “safely assume” that he had full knowledge of what had been submitted to the panel so far.
It remains unclear how the commission will proceed with a shrinking witness list.
Chairperson Judge Nkabinde has emphasised that the inquiry’s mandate remains unchanged and that every effort will be made to establish the facts.
Additional witnesses may be called, and the scope of certain investigations could be adjusted to compensate for Booysen’s non-appearance.
The inquiry is still scheduled to run for several more weeks, with its final report expected to contain recommendations on how to strengthen the independence and effectiveness of the criminal justice system in KZN.