Hawks’ bid to overturn ruling fails

A BID by the Hawks to challenge a ruling that overturned the suspension of its KwaZulu-Natal head, Major-General Johan Booysen, pictured, has failed.

Judge Anton van Zyl ruled in the Durban High Court yesterday that there was no prospect of a successful appeal against his November 18 ruling that overturned a decision to suspend Booysen amid allegations of fraud.

William Mokhari SC, for the Hawks, had argued that Judge Van Zyl did not have the right to hear the matter because the case was a labour dispute and that national Hawks boss Major-General Berning Ntlemeza was within his rights to suspend Booysen. But Gardner van Niekerk SC, for Booysen, argued that the court had been right to hear the matter as Booysen’s constitutional right to be employed had been infringed.

Shortly after Ntlemeza was appointed the national head of the Hawks last year, he suspended Booysen on September 14. Booysen was suspended amid allegations of fraud amounting to more than R15 000 – an allegation he has consistently denied.

Judge Van Zyl dismissed yesterday’s application with costs, saying: “There are no reasonable prospects for success.”

The only course of action left for the State is to petition the Supreme Court of Appeal to hear an appeal.

Booysen said afterwards that he was happy with the decision and had expected it to be in his favour.

Last week, Ntlemeza appointed a new KwaZulu-Natal head of the Hawks, officially known as the Directorate for Priority Crime Investigation. – ANA