Retired KZN Hawks head General Johan Booysen says he is pressing ahead with his R10.5m damages case against the state following his arrest and now failed prosecution on racketeering charges. And he has every chance of winning, according to a legal expert quoted in a Times Select report.

Booysen is citing malicious prosecution and insult to dignity. A legal expert reportedly told Times Select: ‘The most important elements of his case will be that a decision to prosecute was made wrongly – for whatever motive – and then there was a decision to continue with that maliciously. I believe he has a very winnable case.’

The source reportedly said the leading case in such matters was that of former KZN Judge President Chiman Patel, who was charged with crimen injuria on the instruction of then KZN DPP Moipone Noko after a verbal altercation with a stationery clerk in his office. It was only after he appeared in court that the witnesses were interviewed again and a decision was taken to drop the charge.

In Patel’s civil claim, the court ruled that there was no basis for his prosecution and awarded him R900 000 in damages because of his status in society.

In order for the state to defend Booysens’ claim, it would have to call Jiba and Abrahams and members of the investigation team as witnesses. ‘I see this as a matter which will settle,’ the source is quoted as saying.

Other members, who are now free of any charges, are reportedly still seeking legal advice on whether to lodge their own claims.

Full Times Select report