Former acting National Prosecuting Authority head Nomgcobo Jiba's decision to prosecute police General Johan Booysen did not meet "even the barest of minimum requirements", the Durban High Court ruled yesterday.
Setting aside racketeering charges against the suspended KwaZulu-Natal Hawks boss, Judge Trevor Gorven said Jiba's decision did not meet the "least stringent test for rationality imaginable".
In August 2012, Booysen, the head of the now-disbanded Cato Manor organised crime unit, was arrested for running a criminal enterprise.
The state alleged that, under Booysen's leadership, members of the unit committed murder and theft, defeated the ends of justice, and were in unlawful possession of firearms and ammunition.
It was alleged that they operated as a death squad and made hits on suspects.
But, in his application for the racketeering charges to be dismissed, Booysen argued that there was no evidence in police dockets that implicated him. He was referred to only as being at, or arriving at, the crime scenes.
Booysen accused Jiba of lying when she told the court that she had four incriminating statements before her when she made her decision to prosecute him.
Gorven said Booysen had a right to an explanation by Jiba because, as an officer of the court, she had a responsibility to be accurate and should have explained or corrected inaccuracies.
Gorven said the state could bring fresh charges against Booysen if there were a rational basis for doing so.
NPA spokesman Nathi Mncube said he had not seen the judgment.
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