NDPP

There was a meeting among prosecutors from different teams including Adv Serunye and Adv Manilall, after which it was decided the case could not be saved and should be provisionally withdrawn according to NDPP's decision.

“We got together, me and Manilall and Hlatshwayo and the two other prosecutors ... our decision was that ... there is no way that this case can be saved ... then asked for a meeting with one of the Deputy Directors ... then I heard that the NDPP has decided that the case must be provisionally withdrawn.”

The DPP did not participate in discussions about winding down the case because the matter was already in the Office of the National Director of Public Prosecutions (NDPP).

“The DPP did not participate in that discussion because ... the matter was now already in the Office of the NDPP.”

After the Independent Directorate made the decision to prosecute or prefer charges, they sent the charge sheet to the DPP, who responded by concurring with it, but did not get involved in the decision to remove the matter from court thereafter.

“Once the ID has made the decision to prosecute or to prefer the charges, that charge sheet was sent to the DPP, and the DPP wrote back and said yes, I concur ... We did not involve the DPP because the matter was already in the office of the NDPP ...”

Discussions were held with Advocate Bell representing the office of the NDPP regarding the proposal to provisionally withdraw the case.

“We were then allocated Advocate Bell to meet with us ... And the discussions took place between us and Advocate Bell, who was representing the Office of the NDPP.”

Ms Ramsamy met with DPCI officer around March 2026 after the appointment of the new NDPP Advocate Mothibi because nothing would have been done with the previous NDPP regarding her concerns about Advocate Johnson.

“Once the new NDPP, Advocate Mothibi, was appointed, I met with the DPCI officer. This would have been around March 2026. ... Because I knew that if I had reported or we had taken these concerns to the then-sitting NDPP, nothing would have been done.”

The NDPP has issued an instruction that certain documents should be made available during the course of the day.

“I have just received an instruction that the NDPP has issued an instruction that these documents be made available”

General Lebeya could not remember the incident related to the meeting and requested Captain McLean to get his diary from his old office, which showed there was a meeting on 2 September 2022 with the NDPP but did not specify the meeting's purpose.

“At that stage , General Lebeya could not remember and he requested me to get his diary from his office , his old office , which I did . I saw that there was indeed a meeting on the 2nd of September 2022 with the NDPP , although there is no reference to what the meeting was all about .”

A new NDPP was appointed at the NPA in May 2026, which was different from the situation in August 2022 when Advocate Batohi was still at the NPA.

“When you went to the NDPP in May this year, what was different to what happened in August 2022? There was a new NDPP appointed at the NPA. That was the difference. We did not have Advocate Batohi here anymore.”

The only reason to wait for the new NDPP to appoint a prosecutor was to get someone from outside the Gauteng province who did not know Advocate Johnson well to assist with the prosecution.

“The only way and the only reason we waited for the new NDPP, is to get us someone that is not in this province, that does not know Advocate Johnson or did not work with her much, to assist us with this prosecution.”

The Booysen CAS 8/07/2021 case was provisionally withdrawn on 12 October 2022 and finally withdrawn by Advocate De Kock from NDPP in January 2024.

“Our Booysen CAS 8/07/2021 was provisionally withdrawn on 12 October 2022 and finally withdrawn by Advocate De Kock from NDPP in January 2024”

IPID does not deal with cases of unlawful arrest but there is serious implication for any future representation to have Booysens CAS 8/07/2021 placed back on the roll due to prior decisions by NDPP that there are no reasonable prospects of successful prosecution.

“With regard to unlawful arrest, IPID does not deal with the cases of unlawful arrest. ... Serious implication on any future representation by DPCI to have Booysens CAS 8/07/2021 to be placed back on the roll, the Investigator knew or ought to have known that the matter was referred to NDPP and a decision was already made on 2024-06-21 that there are no reasonable prospects of successful prosecution.”

Statements from these police officers were submitted to the Defence for the second time as part of representations to remove the case from the court roll.

“No, they came as a bundle, Commissioner.”

The criminal case against the accused was ultimately withdrawn by the National Director of Public Prosecutions (NDPP), effectively burying the matter.

“our case has been finally withdrawn from the NDPP's office. That is how this matter was buried.”