Tuesday , January 26 2021

#MokgoroInquiry: Odds are turning against Jiba and Mrwebi

Nomgcobo Jiba in the Mokgoro query. Photo: Mokoena Oupa / African News Agency (ANA)
Johannesburg – Sparks fly to the Mokgoro Inquiry today as deputy director of national prosecution prosecutor, Nomgcobo Jiba advocate, battles to hold his position in the National Prosecution Authority (NPA) following accidental allegations of inappropriate behavior against him.

The Mokgoro Inquiry, led by the retired Constitutional Court judge, Yvonne Mokgoro, looks at the fitness of head of Jiba and Specialist Commercial Crime Unit, advocate of Lawrence Mrwebi, to hold office in the NPA.

Jiba legal adviser is expected to reconfigure accidental allegations that she is pioneering the decision to raise the former Hawks KwaZulu-Natal General Johan Booysen Veterans on racketeering charge.

He is also expected to deny the charge that she is responsible for arresting before the NPA prosecutor Gerrie Nel before suspending from prosecuting former national police commissioner Jackie Selebi in 2008. Jiba admitted to deposit the affidavas to her police used to arrest Nel.

But he denied accusations that she had not liked Nel for a long time, claiming that the police had asked for the affidavas.

In one of the arguments before the investigation, advocate Vernon Nemaorani claimed that Jiba did not like Nell for her alleged involvement in prosecuting her husband, Sikhumbuzo "Booker-T" Nhantsi, in 2005.

Nhantsi was convicted after the High Court High Court heard that he had stolen R193000 held in a client trust in 2003.

He was sentenced to five years imprisonment, two of which were suspended for a period of five years. In September 2010, former presidency Jacob Zuma defeated Nhantsi's criminal conviction, which allowed him to resume his legal profession.

Already the disputes turn against the duo because many high-grade NPA officers – including the former Asset Forfeiture Unit, head of Willie Hofmeyr – have been included in alleged proceedings of inappropriate prosecution decisions, which, according to Hofmeyr, has abolished the image of the NPA.

Hofmeyr told the Mokgoro Inquiry that the decision of the NPA, then under Jiba as acting head teacher, was not charged to charge Booysen for racing racers following the normal quality assurance processes.

Former head of Hawks KZN Johan Booysen.

The investigation heard that the NPA had appointed advocates of Anthony Mosing and Elijah Mamabolo to make final decisions for anyone to be accused of racing racers as it was a complex accusation to prosecutor.

Mosing and Mamabolo served on the Organized Crime Desk in the Jiba office. Hofmeyr submitted a sentiment to Mamabolo sent to and former National Director of Public Prosecutions (NDPP) Mxolisi Nxasana, saying that he had excluded from the decision to charge Booysen.

He said that Mamabolo was protesting against how Booysen was accused of the offense.

"It shows how normal NPA processes were abused in this issue, where there was no significant evidence linking (Booysen) to any crimes," said Hofmeyr.

Willie Hofmeyr
Willie Hofmeyer will give evidence at the National Prosecution Authority's investigation to Nomgcobo Jiba and Lawrence Mrwebi. Photo: Screengrab

During his evidence, Hofmeyr had listed a number of cases including the head of the Independent Police Investigative Directorate of Robert McBride, former head of Hawks Anwa Dramat, and officers of Sars Ivan Pillay and Johan van Loggerenberg – all of whom were accused of being have looked at Zuma – as some of the suspicious decisions made while Jiba is in the lead.

"In order for a prosecuting authority to be successful, the public must be credible and trustworthy.

"The loss of this trust is facing the serious danger that the public can turn to self help and surveillance," he said.

"So it is essential that the NPA is free from interference and political considerations in its decisions. It is vital that these factors do not play a role in deciding whether or not to prosecute," said Hofmeyr .

Political Bureau

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