IMMEDIATE REINSTATEMENT OF PROSECUTION AGAINST CATO MANOR DEATH SQUAD
BY : CHANON LECODEY MERRICKS ONLINE EDITOR KASiBC_AFRiCA
The uMkhonto weSizwe Party (“MK Party”) has dispatched a formal letter to the National Director of Public Prosecutions, Advocate Rodney (Andy) Mothibi, demanding the immediate re-evaluation and reinstatement of criminal charges against Mr Johan Booysen and members of the notorious Cato Manor Unit for the systematic extrajudicial killings that rocked KwaZulu-Natal.
The MK Party is extremely concerned that the Cato Manor killings were not an aberration but constitute a pattern of police conduct that can be traced back to the 1980s in the dying days of apartheid and have continued to manifest to date. The demand to Adv Mothibi is not a request; it is a constitutional imperative.
The MK Party will not stand by while the National Prosecuting Authority continues to shield alleged murderers in police uniform who operated as a death squad under the guise of crime-fighting.
Despite the overwhelming prima facie case that led to the original enrolment of charges, the NPA under former NDPP Advocate Shamila Batohi scandalously withdrew the prosecution in 2019 without reading the dockets, the indictment, the prosecution memorandum, or any of the expert ballistics evidence.
Testimony at the ongoing Nkabinde Inquiry has laid bare this shocking dereliction of duty, including admissions that key documents running into thousands of pages were simply ignored. Advocate Batohi herself conceded she had not familiarised herself with the core evidence before dropping the charges.
No consultation was done with the families of the victims, the expert witnesses, and the prosecution team, which simply proves the depth of the irrationality of the decision to drop these serious charges.
This was not a professional decision; it was a travesty of justice. The MK Party, through its letter, has made it clear:
“The prosecutorial mandate is a solemn constitutional duty that cannot be deferred or disregarded. Where credible allegations of unlawful killings by state agents exist, the interests of justice demand decisive and independent action.The NPA must immediately reinstate the prosecution without fear, favour or political interference.”
The continued failure to prosecute these matters undermines Section 9 (equality before the
law), Section 10 (right to human dignity), Section 11 (right to life), and Section 179
(prosecutorial independence) of the Constitution.
These are rights which the MK Party holds dear and will fight for their realisation regardless of the race of the alleged perpetrators. It sends a dangerous message that certain police units were above the law and that victims of alleged state-sponsored killings do not deserve justice.
The MK Party has already initiated review proceedings in the High Court. We now call on Adv Mothibi to do the right thing within seven days:
• re-evaluate the matter on the full evidence, reinstate the charges, and confirm in writing that the decision was taken independently and solely on the merits.
Should the NPA continue to drag its feet or rely on extraneous considerations, the MK Party will escalate this matter through every available parliamentary and judicial avenues. We will not rest until accountability is served and the families of the victims receive the justice they have been denied for far too long.
The era of selective prosecution and protection of rogue elements within the security cluster is over.
The people of South Africa demand justice. The MK Party will ensure they get it.
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