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#StateCaptureInquiry Proceedings resume. Counsel for two persons implicated in Booysen's testimony have introduced themselves. They represent Major General Nomfazi Ngembe and Major General Ntebo 'Jan' Mabula respectively.
#StateCaptureInquiry Booysen now describes a meeting in May 2010 in Ngobeni's office. She and Booysen were there, as were two Major Generals, Brigaider Lawrence Kemp from financial services, and a Colonel from SCM at the police, who was one of the suspects.
#StateCaptureInquiry "She went hammer and tong for Kemp," says Booysen of Ngobeni's conduct. He says she admonished and berated Kemp. He reports she "was almost out of control" and accused Kemp of caring more about finances that people.
#StateCaptureInquiry Booysen says it was an uncomfortable meeting, as one of those present was suspected to be involved in irregular contracts between the SCM department in the KwaZulu-Natal police and businessman Panday.
#StateCaptureInquiry Booysen says Ngobeni told Kemp and, by association Booysen, that "we were concerned about finances as opposed to we should be concerned about the lives of citizens [...] it didn't really make sense to me".
#StateCaptureInquiry "She was visibly upset," says Booysen. After two attendees had left, he says, he conveyed to Ngobeni the seriousness of the investigation.
#StateCaptureInquiry Booysen says he told Ngobeni "it would appear that all the acquisitions of accommodation and other issues as well were going through the books of one businessman in Umhlanga Rocks. There is clearly something amiss here."
#StateCaptureInquiry "Her response was, once again, the investigation must stop," says Booysen of Ngobeni's comments. He adds that she then passed the investigation on to Bongani Ntanjana, who is now deceased. "She told Ntanjana that he should take over the investigation."
#StateCaptureInquiry Booysen: Chair, to my view, that was a ruse. It was a ruse to placate me. My suspicions were later confirmed.
#StateCaptureInquiry Booysen reports Ngobeni gave Ntanjana two weeks to complete the investigation. Zondo asks if that struck Booysen as unusual. "It is just impossible to conclude an investigation of that magnitude in that short amount of time," Booysen replies.
#StateCaptureInquiry September asks Booysen if, after that meeting, he was provided with an investigative report.
"About two weeks later Colonel [...] Subramoney provided me with a status report," says Booysen. "It was very clear that there were irregularities [...] possible corruption and even fraud, and possibly other crimes as well," he adds.
Booysen reads from a report which reports on the millions the police paid to the business Gold Coast Trading for flip charts, a TV and accommodation.
He also mentions the police hiring of 13 C-class Mercedes Benz cars from a firm linked to Panday at a cost of R198,000.
#StateCaptureInquiry Booysen says, referring to a report: By making use of Gold Coast Trading the police paid ±R286,000 for accommodation at a BnB, which amounted to over expenditure of ±R233,000.
#StateCaptureInquiry Booysen notes mention in the report of evidence from the BnB owner that accommodation booked directly with the BnB was R350 per person per night, Gold Coast Trading billed the police R1,350 per person per night and charged for eight and not six police members
#StateCaptureInquiry "It is our submission that we would be able to prove corruption and fraud in this matter," reads Booysen, again referring to a report which lists the payment Gold Coast Trading received from the police for accommodation. The company is linked to Panday.
#StateCaptureInquiry Booysen says prices Gold Coast Trading charged the police for accommodation were grossly inflated. September has drawn on the report to name three people involved in the transactions: businessman Panday, Colonel Navin Madhoe and Captain Aswin Narainpersad.
#StateCaptureInquiry Booysen says a number of statements and reports "had gone missing from the dockets" so the documents he has attached are sometimes copies of documents he duplicated at the time and kept personally.
#StateCaptureInquiry Booysen reads from the report, which asserts that Madhoe manipulated the SCM system @SAPoliceService in KwaZulu-Natal to ensure that transactions were below a certain threshold.
#StateCaptureInquiry According to the report, from which Booysen reads now, the owner of the Gold Coast Trading account at Nedbank was contacted by the bank with an inquiry over the purchase of a new Ferrari.
Booysen confirms that unhindered investigation was necessary to get to the bottom of the SCM Panday matter. He then speaks of a meeting in late June 2010 convened by Ngobeni. In the boardroom with others, says Booysen, was Panday. "It was almost as if he chaired the meeting."
#StateCaptureInquiry "They were almost on a fishing expedition [...] I had to negotiate my way through this meeting," says Booysen of the conduct of Panday and Narainpersad in the boardroom meeting. "Chair, this was not ordinary meeting," Booysen tells Zondo.
#StateCaptureInquiry Booysen continues, "Chair, I felt like I was being ambushed. That's how I felt [...] they levelled these allegations and I was, for lack of a better description, trying to do some shadow boxing [...] I just wanted to get out of there."
#StateCaptureInquiry "I was peppered with questions and I had to negotiate with trying to avoid going into specifics." Booysen says he was "actually quite annoyed" about the way in which Panday conducted himself "as if he was the Provincial Commissioner" while Ngobeni sat there.
#StateCaptureInquiry Booysen says that during the meeting Panday asserted Booysen and his team had "no mandate" to conduct an investigation into PCM, and claimed that a Hawks investigator was trying to extort Panday.
#StateCaptureInquiry During the boardroom meeting of late May 2010, says Booysen, it was also suggested that Hawks investigators were attempting to unlawfully obtain bank records. Booysen reports he said this claim made no sense, as such evidence would be inadmissible as evidence
#StateCaptureInquiry Booysen says there was a surprise birthday party for Ngobeni's husband in late May 2010 and investigators informed him the "lavish party at a hotel in Umhlanga Rocks" had been paid for by Panday. This alerted him that something was amiss.
#StateCaptureInquiry "Chair, the figure that was quoted was R30,000," says Booysen adding that, according to a record for Panday's credit card, Panday paid R20,000 but the businessman reportedly asked for a receipt for an amount of R30,000. Booysen doesn't know why the difference
#StateCaptureInquiry Zondo says on the calls Booysen says he received from Ngobeni and the timing of certain meetings in relation to the party, "in all probability arrangements for that party were happening because it is the same month."
#StateCaptureInquiry Booysen now introduces another meeting at Ngobeni's office. It was arranged, he says, when Ngobeni's secretary contacts his secretary. "Same scenario," he says on moving from her office, where only he and Ngobeni were present, to the boardroom.
"The PC had a very aggressive manner in management meetings," says Booysen. He says sometimes the way she addressed colleagues would make him cringe. "I think she was scared with what we were busy with," says Booysen. "I was treated much better than any of the other generals."
#StateCaptureInquiry Proceedings adjourn until 14:00.
#StateCaptureInquiry Proceedings resume. Booysen refers to Section 205 subpoenas, he says it means "you subpoena a person to answer questions" and can also be used to acquire documents or files relevant to an investigation.
#StateCaptureInquiry Booysen says Section 205 subpoenas were obtained in order to obtain Panday's bank records.
#StateCaptureInquiry Booysen says the conduct of Panday's attorney was reported to the Law Society. This was based on her addressing Booysen in a boardroom meeting.
#StateCaptureInquiry Before the lunch adjournment, Booysen said that he investigated Subramoney following an claim issued either by Panday or Panday through his attorney that Subramoney had allegedly attempted to extort Subramoney.
#StateCaptureInquiry Booysen says then Police Commissioner Bheki Cele called him - this was sometime around 2010 - and asked about the investigation. "He said to me that I should not entertain any interference," reports Booysen adding Cele said it could continue unabated.
#StateCaptureInquiry Booysen says search and seizure warrants were obtain for the premises of the financial department, SCM department and deployment department of the @SAPoliceService in KwaZulu-Natal, and for premises linked to Panday, Madhoe and Narainpersad.
#StateCaptureInquiry Booysen says that the investigation was challenging because information was continually leaking. He speaks of planning around the search and seizure operations on police premises and those linked to three suspects.
Booysen says, "In spite of the fact that we tried to keep it secret, somehow - and I instructed the night before they not tell the searchers who is going to be searched - they told them [...] it was clear that at least Mr Thoshan Panday was aware he was going to be searched."
#StateCaptureInquiry September asks Booysen about facts which emerged on the investigation. Booysen says, thanks to allegedly irregular business with the @SAPoliceService in KwaZulu-Natal, Panday was able to buy a Ferrari worth about R2.5-million in 2010.
#StateCaptureInquiry Booysen says investigators indicated to him R60-million was the amount of money Panday was going to get - allegedly irregularly - from the police and paid to Panday's Company of which R45-million had been paid and R15-million of which was then due to be paid.
Booysen: My secretary said she received a call from the brother of the then President. It sounded like he wanted to meet me away from the office. Subsequent to that she said there had been another call but then she was sick in hospital, when she returned she received another call
#StateCaptureInquiry Booysen says this was around 2010 and his secretary set down a meeting at Booysen's office. "The gentleman came in and introduced himself as Edward Zuma, who I then realised was not the brother of the then President, but the son," he says.
"He started talking about the R15-million I had frozen and he asked me if it was possible to unfreeze the money," says Booysen of Edward Zuma. He asked the then President's son what was his interest in the money and Edward Zuma said he was a silent business partner of Panday.
#StateCaptureInquiry Booysen says a couple of weeks or perhaps a month later there was a cultural event at Nkandla. "I got a phone call from the event, it was my friend at the event and he said, 'Hold on. Someone wants to speak to you.'"
#StateCaptureInquiry "It was Edward Zuma," says Booysen of the person on the phone call a friend of Booysen's made from Nkandla. Booysen says the then President's son later denied attending a meeting in Booysen's office. This, after the matter leaked to the press.
#StateCaptureInquiry Another of former President Jacob Zuma's sons has been named at the @StateCaptureCom. Booysen has named Edward Zuma and linked him as a "silent partner" of businessman Panday, who allegedly benefitted financially from irregular PCM contracts with the police.
#StateCaptureInquiry Booysen says he requested an audience with then President Zuma on what Edward Zuma "was up to" and he then went to Nkandla, accompanied by a friend. "I had two meetings," says Booysen.
#StateCaptureInquiry The first time he went to Nkandla, says Booysen, his friend went inside while he waited in the car and, after his friend returned, they left. His friend told him, "No, the President doesn't want to get involved."
Booysen says the second time he went to Nkandla accompanied by his friend, they both went inside and met with Zuma but the matter of Edward Zuma was not discussed. Once the two friends left, Booysen's friend told him that the President had said they should speak to Khulubuse Zuma
"He said he would tell Edward to stop his nonsense," says Booysen of Khulubuse Zuma. He claims Khulubuse Zuma said he thought the President didn't want to speak to Edward Zuma as "he had been drinking too much" and Edward didn't invite his father to his new house for a ceremony.
#StateCaptureInquiry Zondo says Booysen wanted to see then President Zuma to "alert him" to his son, Edward, having a business relationship with Panday. Booysen agrees.
#StateCaptureInquiry Booysen replies to a question from Zondo on the purpose of him wanting to speak to then President Zuma, "There was a lot of speculation in the media [...] I wanted him, that is Edward, to back off and stop his nonsense if he had any connection with Panday."
MT: Booysen reports Panday approached a colleague with the surname Mostert Panday allegedly offered Moster "name his price" to destroy evidence, specifically a certain file. Booysen reports Mostert said Panday suggested the building in which the file was held could be burnt down.
#StateCaptureInquiry Booysen says, after Mostert told him about this, they planned a Section 252 operation and Mostert then contacted Panday. By this point, however, Panday had grown suspicious and Booysen thinks Panday may have gotten wind of the plan.
#StateCaptureInquiry Booysen says crime intelligence were monitoring Panday's phone and intercepted a call between a Colonel Welcome 'WS' Mhlongo and Panday. Mhlongo was on Booysen's team. "The only person who could have told Panday where those exhibits were kept was WS Mhlongo."
#StateCaptureInquiry September asks if Mhlongo had any relationship with then NDPP Advocate Nomcobo Jiba. He replies, "Chair, yes." Booysen then says it was "common cause" that Mhlongo had a close relationship with the later DPP of the NPA in KwaZulu-Natal, Advocate Moipone Noko.
#StateCaptureInquiry Booysen gives evidence that a Terence John Joubert reported Mhlongo had approached Joubert seeking "dirt" on Advocate Mxolisi Nxasana, and this reportedly on the instruction of Noko, who was - in turn - said to be acting on instruction from Jiba.
#StateCaptureInquiry Booysen reads from Joubert's statement stating Jiba issued instructions to "find something" on Nxasana and she was of the view Nxasana was not the right person for the job. Joubert says Mhlongo was instrumental to weeding out another person Jiba did not like.
#StateCaptureInquiry Booysen testifies now on, through a Mr Governder, Madhoe seeking a meeting with Booysen. Madhoe, who worked in the police, was a suspect in the Panday investigation. The three agreed to meet at a hotel near Booysen's office.
#StateCaptureInquiry "Madhoe was dressed in a leather jacket and he had a laptop bag in his hand," says Booysen. The Mr Govender, says Booysen, was a Warrant Officer Dina Govender.
#StateCaptureInquiry "We spoke for a while and then Madhoe said he wanted to speak to me on my own [...] in private," says Booysen. Govender walked out of earshot, he says, and Madhoe then opened up his laptop in front of Booysen. "He turned the laptop."
Booysen says the photos were obviously of dead people and "clearly came from police files, police dockets" and there were cones, police tape and other typical features in the images. "These are normal police photos, what is this all about?" Booysen says he told Madhoe.
#StateCaptureInquiry Booysen says Madhoe told him he was under a lot of pressure, there were problems at home, and then Madhoe asked Booysen if he would help Madhoe with an investigation. Booysen says he found this strange.
Booysen says Madhoe proposed that Booysen authorise the antedating of a report to before the Section 205 subpoenas had been obtained. As I understand it, doing so would have made the subpoenas inadmissible and - by association - any information obtained through them.
#StateCaptureInquiry Booysen says if he had done (signing a date on the progress report, falsifying a date prior to the obtaining of the Section 205 subpoenas) it had the potential to nullify the entire investigation.
#StateCaptureInquiry Zondo asks what Booysen thinks were the purpose of Madhoe showing Booysen images of dead bodies. Booysen says he believes it was an attempt at a subtle form of attempted intimidation by Madhoe. Booysen adds he has seen "plenty" dead bodies.
[PLEASE NOTE] The word Booysen used was "invalidate" rather than "nullify" in terms of the report. He mentions the doctrine of the "fruit of the poison tree" the invalidation of the Section 205 subpoenas would have had a knock-on effect viz a viz exhibits.
#StateCaptureInquiry Booysen says on returning to his office from the hotel nearby where Madhoe had shown him pictures, he deposed to an affidavit on what had transpired. This, he says, was provided to the KwaZulu-Natal DPP. The next day he received a call, it was Madhoe.
#StateCaptureInquiry Madhoe said to Booysen he was in the basement and Booysen should go down. Madhoe asked if Booysen had finalised his report - the one Madhoe asked Booysen to backdate - and then Madhoe handed Booysen an envelope in which he said Booysen would find the report.
#StateCaptureInquiry Zondo asked if such a meeting in the basement was ordinary. Booysen says not but he decided to play along as a Section 252 had been obtained.
#StateCaptureInquiry "You were ready to use your operation already?" asks Zondo on the meeting in the car in the basement. "We had a 252 in operation. It would have covered any eventuality."
#StateCaptureInquiry Booysen then said to Madhoe that "things don't come for three" and thereafter Madhoe asked Booysen, "What do you want?" Booysen hesitated and said he would SMS a number to which Madhoe could attach some noughts. They then parted.
#StateCaptureInquiry Booysen says he handed the envelope from Madhoe to forensics and instructed that it be checked for fingerprints. The results showed the prints were not those of Madhoe.
Booysen says Panday's prints from a firearm license application were sourced. "The report had come back the fingerprints on the document [...] in the envelope matched those of Thoshan Panday," says Booysen. He says he never opened the envelope before handing it to forensics.
#StateCaptureInquiry Booysen says he was sitting with Dramat when he received a text message from Madhoe. "He ended off the conversation with a two in brackets," says Booysen. "By then General Dramat had been alerted to my engagements with Madhoe."
#StateCaptureInquiry Booysen says he and Dramat joked that they thought Booysen was "cheap" and that they thought they - likely Panday and Madhoe - could give him R20,000 for a R60-million investigation. He did not reply to the text message immediately.
#StateCaptureInquiry Booysen says while these communications are going on, the Act 70 permission is in effect and communication on interactions with Booysen were being intercepted.
#StateCaptureInquiry Booysen says in another interaction with Madhoe in a car in the basement of his place of work "he then gave me another hard drive in which he said there are more photos on the thing" to which Zondo asks, "Of dead people?" Booysen confirms.
#StateCaptureInquiry Booysen reports that Madhoe reported to Booysen that Panday had "two bar" for Booysen. "I thought he doesn't know what two bar is, because no one gives you two million rand," says Booysen. He expected he would received R200,000.
#StateCaptureInquiry Booysen says this is sometime in 2011 and a day or two before a "sting operation" Madhoe came to a funeral for one of Booysen's colleague. Madhoe asked Booysen to indicate the date to which Booysen was expected to backdate the report.
#StateCaptureInquiry Booysen says he asked Madhoe for a piece of paper, on which Booysen wrote a date. The piece of paper was a bank slip which contained Madhoe's account details. Booysen handed the slip of paper to an investigator and advised the track the account number.
#StateCaptureInquiry Booysen says he suggested to Madhoe that they meet in a casino parking basement. He did so because the casino would cooperate and Booysen ensured that the Hawks could obtain the CCTV footage of the handover of the "two bar" from Panday via Madhoe.
#StateCaptureInquiry Booysen says he went straight from a McDonalds where he and Madhoe discussed the details of handing over the money (including the bank notes to be used, and the boxes in which they should be stored) to the casino to organise access to the CCTV camera footage.
#StateCaptureInquiry Booysen describes the protocols he said he followed to ensure he kept colleagues informed about the "sting operation" on Madhoe and that the details were duly recorded by an investigator.
#StateCaptureInquiry "We get ready to go to the casino and he says no, no, no he doesn't want to go to the casino because they might be cameras," says Booysen, who then proposed they go to the basement of his work premises. The "sting operation" team needed to be deployed.
#StateCaptureInquiry "We can do the business in the basement," Booysen says he told Madhoe after discussing the position of their cars for the intended hand over of a R2-million bribe.
#StateCaptureInquiry Booysen describes his progression from his office via a lift to the basement and seeing Madhoe alighting his vehicle, but Booysen insisting the transfer happen next to Booysen's car. He says Madhoe pulled out a new suitcase and "it was packed with notes".
#StateCaptureInquiry Booysen says he showed Madhoe the report now dated and they departed, as he was departing he heard a noise, saw detectives emerge from the fire escape. "I'd never done something like this before. I was shaking a little bit. I composed myself and I went down."
Booysen describes Madhoe's arrest. He says the detectives counted the money the evening of the "sting operation" and found it was R1.3-million but the agreement was he would receive R1.5-million for the report with the remainder of the "two bar" was going to be delivered later.
#StateCaptureInquiry Booysen says Act 70 interceptions prove that Panday and Madhoe had met at the Japanese Gardens and Panday called Madhoe when he was en route to meet Booysen and Panday told Madhoe to stop the vehicle and wipe the suitcase, Booysen says to remove fingerprints.
#StateCaptureInquiry "There is a conversation between Panday and Deebo Mzobe in which Panday says that I am now acting like the mafia and I am standing in the way," says Booysen. He understands Mzobe is a cousin or nephew (so, relative) of the then President Jacob Zuma.
#StateCaptureInquiry "This thing is getting out of hand with Booysen [...] Booysen thinks he is a mafia now [...] he thinks he is above everyone else now, maybe we need to clip him a bit," Panday told Mzobe in a call on 8 September 2011, the same day as the sting operation.
#StateCaptureInquiry In the call with Mzobe, Panday calls Booysen a "white bastard" and describes Madhoe as "our boy" whereas a female general is referred to as "our lady" and "aunty" who is not linked to the sting operation.
#StateCaptureInquiry Panday and Mzobe are both registered partners of two different closed corporations, says Booysen. Zondo asks if they are two of the companies linked to the investigation. Booysen confirms.
#StateCaptureInquiry "Chair, the inescapable conclusion that I come to is that it is the Provincial Commisisoner," says Booysen. "She was indeed in Pretoria with crime stats [...] he refers to our lady being in Pretoria with crime stats."
#StateCaptureInquiry Booysen says he understands Panday's mention of Booysen needing to be clipped as meaning Booysen needed to be stopped. "I don't know if it has something to do with my being in the Hawks, that maybe they wanted to clip my wings," says Booysen.
#StateCaptureInquiry Booysen links the mention of him needing to be clipped, which is what Panday told the then President's cousin in a phone call on the day of the sting operation, with him - that is, Booysen - being subsequently targeted, charged and taken to court.
#StateCaptureInquiry Booysen says subsequent to Madhoe's arrest and on Panday's arrival back in South Africa, Booysen thinks from the Democratic Republic of Congo, Panday was arrested on suspicion of corruption.
#StateCaptureInquiry Zondo announces tomorrow's proceedings will start at 10:00. He adjourns.
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