‘Some claims outside scope of inquiry’
SUSPENDED NPA prosecutors, advocates Nomgcobo Jiba and Lawrence Mrwebi, have argued before the Mokgoro inquiry that some of the allegations levelled against them were not part of President Cyril Ramaphosa’s reasons for setting up the inquiry.
Mrwebi argued that he was appointed by former president Jacob Zuma as special director in the NPA in November 2011.
He said in October last year, Ramaphosa set up the inquiry to probe alleged transgressions which were committed following his appointment as special director.
According to Mrwebi, allegations that he assisted former national police commissioner Jackie Selebi avoid criminal charges were committed in 2007 before his appointment as special director.
He said he was not a presidential appointee at the time and his relevant senior person then, was supposed to prefer disciplinary charges against him within 90 days after the commission of the alleged transgression. Mrwebi made a similar defence on other allegations against him.
Both Jiba and Mrwebi also argued that the Mokgoro inquiry should not overlook the decision of the Supreme Court of Appeal (SCA) made in July last year, that they were fit and proper persons to hold senior positions in the NPA.
Jiba emphasised these submissions during her closing arguments in the hearing which is probing their fitness to hold office in the NPA.
In her argument, Jiba through her counsel, advocate Norman Arendse SC, argued that all the concerns which prompted Ramaphosa to set up the inquiry were answered in the SCA.
The SCA ruling came after the General Council of the Bar of South Africa lodged an application for the striking off of Jiba and Mrwebi as advocates.
In its application, the GCB argued that several High Court rulings against the pair found that both Jiba and Mrwebi acted improperly in the decision to withdraw criminal charges against former Crime Intelligence boss, Richard Mdluli, in December 2011.
The second High Court ruling involved the decision of Jiba to prefer racketeering charges against former KwaZulu-Natal Hawks boss, General Johan Booysen, in August 2012.
The third matter was against Jiba for her role in the spy tapes saga involving Zuma and the DA.
In that ruling, the SCA, delivered a scathing ruling against Jiba for not submitting an affidavit before the SCA.
The GCB in its application, asked the High Court in Pretoria to consider all those rulings and to declare Jiba and Mrwebi were not fit and proper to hold senior positions in the NPA.
The High Court in Pretoria only agreed on a single aspect of the application.
The court found that they acted wrongly in their decision to withdraw charges against Mdluli.
While the court agreed to strike them off the roll of advocates – it found Jiba not guilty in her decision to charge Booysen with racketeering.
The court also found Jiba not guilty on the spy tapes saga arguing that she acted on legal advice she obtained from senior counsel Paul Kennedy.
On July 10 last year, the SCA agreed with their submissions and ordered them to return to their jobs.
Yesterday, both Jiba and Mrwebi’s legal counsels argued that the SCA had cleared them of all allegations which had prompted Ramaphosa to set up the inquiry.
Judge Yvonne Mokgoro who is heading the inquiry is expected to submit her findings to Ramaphosa on March 9.