South Africa’s National Prosecuting Authority (NPA) has reached a confidential out-of-court settlement with former KwaZulu-Natal Hawks head, Major General Johan Booysen, bringing to a close a years-long legal battle over his arrest and prosecution.
Booysen instituted a R7 million(equivalent US$1,013,200) civil claim against the state in 2019, citing wrongful arrest and malicious prosecution after racketeering and corruption charges against him were ultimately withdrawn. The charges stemmed from a 2012 decision authorised by then acting National Director of Public Prosecutions (NDPP), Nomgcobo Jiba, following allegations linked to the arrest of Colonel Navin Madhoe during a sting operation in September 2011.
At the time, the state maintained it had a strong case. Former senior prosecutor advocate Bheki Manyathi testified at the state capture commission that evidence, including Booysen’s fingerprint on a confidential police report and the discovery of R1.3 million(equivalent US$77,540) the sting operation, justified the arrest and prosecution. The report, which was allegedly pre-dated, was found in Madhoe’s vehicle, while the cash was reportedly discovered in Booysen’s car.
However, in 2014, Judge Trevor Gorven dismissed the criminal charges, ruling that Jiba’s conduct in authorising the prosecution was arbitrary, unlawful, and unconstitutional. Despite this ruling, the charges were reinstated in 2016 under then NDPP Shaun Abrahams, prompting Booysen and his co-accused to challenge the validity of the authorisations in the High Court.
Following the legal challenge, the NPA appointed a panel of senior prosecutors to review the authorisations. The panel unanimously concluded that a proper case for racketeering had not been made and recommended that both Jiba’s and Abrahams’ authorisations be declared invalid. Acting on these findings, current NDPP Shamila Batohi formally withdrew the charges against Booysen in 2019.
The civil claim arising from the prosecution was set down for trial in November, but according to reports, the matter was resolved through a settlement agreement reached under a non-disclosure clause. Booysen has confirmed he is satisfied with the outcome, with reports indicating the settlement amount runs into millions of rand.
The case marks another high-profile chapter in scrutiny of past prosecutorial decisions at the NPA, particularly those linked to the state capture era, and underscores ongoing efforts to resolve legacy cases through internal review and legal settlement.
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