The Mokgoro Enquiry into the fitness to hold office of suspended National Prosecuting Authority senior advocates, Nomgcobo Jiba and Lawrence Mrwebi, has finally got off the ground at Centurion, south of Pretoria.
It was put on hold two weeks ago due to logistical glitches.
National Prosecuting Authority (NPA) head Silas Ramaite was the first witness to take the stand.
The enquiry was established by the Presidency in terms of Section 12(6) of the NPA Act 32 of 1998. Like in any proceedings in a commission like this, witnesses have to take an oath before giving evidence.
The enquiry is probing the fitness to hold office of suspended NPA senior advocates, Nomcobo Jiba and Lawrence Mrwebi.
Current NPA Head Silas Ramaite and former head of NPA’s Specialized Commercial Crimes Unit, Advocate Chris Jordan were the first to take the stand.
Their evidence has been around prosecution policy procedures of the NPA and National Directorate of Public Prosecution (NDPP). Evidence leader Advocate Nazreeen Bawa questioned Ramaite on the independence of the NPA.
“Firstly we must have a distinction between institutional independence as well as individual independence because the NPA as an institution is itself independent. But then prosecutors themselves in making decisions must act independently, in fact they must be objective, impartial, and they must not be influenced by anything,” said Ramaite.
The second witness Advocate Chris Jordan told the enquiry about the strict guidelines the unit he used to work for, adhered to in executing its prosecution functions during his tenure of office in order to avert interference.
“Proficiency levels had to be done as a priority. So we embarked on a training program where we can focus on commercial crime in general. For this we instructed personnel, senior personnel SCCU to come up with lectures and also from time to time, we requested them to come and present to us and we followed those guidelines to accept cases.”
Meanwhile, Jiba’s legal representatives, have used the platform to dismiss allegations of accepting bribes leveled against their client. This is after a key witness in the Zondo Commission currently underway in Johannesburg, allegedly threatened to implicate her as one of the people who accepted bribes amounting to thousands of rands from the controversial Bosasa Company.
Jiba’s lawyer, Advocate Zola Majavu has refuted the allegations saying they are baseless.
“She’s also not given any documentary on which these allegations are based other than to say in the fullness of time the commission will make available to her, that which is of relevance to her. And she has also unequivocally explained and undertook to cooperate fully with the Zondo commission. That’s the forum at which these allegations were made and her instructions to me and what she conveys to the commissions is that when she’s invited she will go there, she remains keen to do that, to give her site of the story but she denies it quite emphatically.”
Mrewbi and Jiba are accused of maladministration and misconduct in handling high-profile cases. President Cyril Ramaphosa suspended them in October last year. Both Jiba and Mrwebi were present at the hearings. Four weeks have been set aside for the enquiry led by retired justice Yvonne Mokgoro.
It is expected to present its final report to President Cyril Ramaphosa in March this year.
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