NPA head Batohi admits not reading Booysen docket before withdrawing charges

NPA boss Shamila Batohi has admitted she did not read the docket into former KwaZulu-Natal Hawks Head Johan Booysen and his Cato Manor unit before withdrawing racketeering charges against them.

Batohi was cross-examined on Monday morning at the inquiry probing Johannesburg Prosecutions Head, Andrew Chauke’s fitness to hold office. One of the allegations against Chauke is that he improperly decided to prosecute Booysen with no evidence justifying the decision.

READ: NPA head distances herself from terms of reference in Andrew Chauke inquiry

Batohi claims Chauke’s prosecutorial decisions were politically motivated.

In addition to admitting that she had not familiarised herself with the terms of reference of the inquiry, National Prosecuting Authority (NPA) Head, Advocate Shamila Batohi, told the commission that she had not read the docket into former Hawks Head Johan Booysen’s racketeering case.

Chauke’ legal representative, Tembeka Ngcukaitobi, further probed her on this question, pressing her on the gravity of her admission:

"You say to the panel there was no case against Major General Booysen without ever having read the docket – can I suggest that is an astonishing prosecution coming from the head of our prosecution service and I’m going to tell the panel that at the end that your evidence must be rejected as incredible because it is irresponsible to make such a claim without having read the docket."

Batohi insists there is case law that says National Directors are not expected to read every single bit of evidence and every docket in cases. She says she relied on legal opinion and a report from the panel she had appointed to review the matter.