CHALLENGES NPA DECISIONS IN HIGH COURT OVER WITHDRAWAL OF RACKETEERING CHARGES
BY : CHANON LECODEY MERRICKS ONLINE EDITOR KASiBC_AFRiCA
The uMkhonto weSizwe Party (“MK Party”) has today filed an application in the High Court of South Africa, Gauteng Division, Pretoria, to review and set aside the illegal and controversial decisions by the former National Director of Public Prosecutions, Adv Shamila Batohi to withdraw serious racketeering and related charges against former senior police officials Johan Wessel Booysen and Jan Johannes Eugene van Tonder.
It has also emerged that not only did Adv Batohi, illegally withdraw the said charges, she also entered into a secret settlement agreement with Mr Johan Booysen and Mr Jan van Tonder, in terms of which the National Prosecuting Authority agreed to pay substantial settlement amounts to Mr Booysen and Mr Van Tonder.
It is notable that the settlement agreements were entered, and the payments made as Adv Batohi was left with no more than a month of her controversial tenure as the country’s NDPP, which itself raises probity questions about these settlements.
Therefore, the MK Party is challenging:
• The decisions taken in 2019 to withdraw racketeering charges and predicate offences against the respondents and their co-accused.
• The subsequent settlement agreements concluded between the NPA, the Minister of Justice and Correctional Services, the Minister of Police, and the two individuals.
• The payment of public funds as part of those settlements.
The Party is seeking an order declaring these decisions and agreements unlawful and unconstitutional, setting them aside, directing the repayment of all settlement amounts to the State, and reinstating the original prosecution instituted in 2016.
The withdrawal of these serious charges and the subsequent pay out of taxpayers’ money raises serious questions about accountability and the administration of justice in South Africa.
The MK Party will not stand by while decisions that appear to undermine the fight against corruption and organised crime are allowed to stand. We are taking this step to restore the rule of law and ensure that no one is above the law.” The application is supported by the founding affidavit of Party Leader in Parliament, Deputy President Dr. Mandlakayise John Hlophe.
The MK Party remains committed to defending the Constitution, combating corruption, and holding those in positions of power accountable.
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