Booysen could consider private prosecution against Abrahams

Johan Booysen says he will consider a private prosecution against Shaun Abrahams if the courts find that the prosecutions boss also unlawfully authorised criminal charges against him.

FILE: Former KZN Hawks boss Johan Booysen.  Picture: Christa Eybers/EWN.

JOHANNESBURG - Former KwaZulu-Natal Hawks head Johan Booysen says he will consider a private prosecution against Shaun Abrahams if the courts find that the prosecutions boss also unlawfully authorised criminal charges against him.

Booysen and AfriForum announced on Thursday they are planning to criminally charge deputy National Prosecuting Authority (NPA) head Nomgcobo Jiba for signing off on the racketeering case against the former top cop.

While the High Court in Durban set aside that decision, Abrahams signed a new authorisation of charges against Booysen which is again being challenged.

Abrahams also withdrew the fraud and perjury case brought against Jiba.

Booysen says Abrahams relied on the same information used by Jiba to decide to prosecute him.

“Get hold of the review application against the decision by Abrahams to prosecute me, which I cleared at the timeline and I referred to all the interferences that have occurred over the last couple of years. Yes, I will most definitely consider instituting prosecutions against Abrahams.”

The High Court found Jiba’s decision was arbitrary, offended the principle of legality and the rule of law, and was unconstitutional for which she was then criminally charged.

Despite a legal opinion that the evidence against her was strong and sound in law, Abrahams withdrew the case.

NPA: AFRIFORUS HAS DEMONSTRATED DISRESPECT

Meanwhile, the NPA says it will only consider issuing a certificate to confirm it doesn’t intend prosecuting Jiba after pending civil litigation has been finalised.

After criminal charges were withdrawn against the deputy prosecutions boss in 2015, Freedom Under Law challenged the decision in the High Court in Pretoria.

In a statement, NPA’s Luvuyo Mfaku says the Freedom Under Law application was heard at the end of October and judgment has been reserved.

Mfaku says by calling a briefing on Thursday while there is still a pending matter related to Jiba, AfriForum has demonstrated flagrant disrespect for due and judicial processes.

He says to consider the request for the certificate confirming non-prosecution would be premature and not in the interests of justice.

(Edited by Zamangwane Shange)