Sunday Tribune

Mokgoro Inquiry: Jiba’s legal counsel expected to grill Hofmeyr

- BALDWIN NDABA

SUSPENDED national deputy director of public prosecutio­ns advocate Nomgcobo Jiba is hoping her legal counsel will successful­ly tarnish the credibilit­y of the testimony of Willie Hofmeyr in her bid to retain her job.

Hofmeyr was one of the major witnesses to testify before the Mokgoro Commission, led by retired Constituti­onal Court Judge Yvonne Mokgoro, tasked to probe the fitness of Jiba and special director of the commercial crime unit Lawrence Mrwebi to hold office in the National Prosecutin­g Authority (NPA).

The hearings began two weeks ago, in which evidence leaders summoned various witnesses to assist Judge Mokgoro and her panellists advocate Kgomotso Moroka and Thenjiwe Vilakazi to meet the March 9 deadline, to report their findings to President Cyril Ramaphosa.

Already incriminat­ing evidence was heard against the two but it is Hofmeyr’s evidence that Jiba’s legal counsel advocate Norman Arendse, plans to ask Judge Mokgoro and her panel to disregard and expunge. In his evidence, Hofmeyr told the commission that the NPA has, since 2011, after the appointmen­t of Jiba as acting head, experience­d the abuse of prosecutor­ial powers to advance political agendas, saying that has been one of the issues that has impacted most severely on the perception­s of, and public confidence in, the NPA.

“The NPA should never be seen as an extension of any political party or to give effect to its agenda. More dangerousl­y, in a number of prosecutio­ns, the NPA has essentiall­y been perceived to be acting on behalf of a faction of the ruling party, such as the prosecutio­ns of those who were opposed to the majority grouping in the ruling party at the time. An example is the prosecutio­n of Gordhan (Pravin Gordhan)”.

Arendse argued that Hofmeyr made similar disparagin­g remarks, almost four years ago, against former NDPP head Bulelani Ngcuka. He said Hofmeyr wrote an affidavit in March 2015 to the Supreme Court of Appeal, in which the then-npa head Shaun Abrahams was asking the appeal court to dismiss the DA’S applicatio­n for the reinstatem­ent of 783 fraud and corruption charges against former president Jacob Zuma.

In his affidavit, Hofmeyr claimed that the charges which began in 2005 – were a collusion of Ngcuka, former Scorpions boss Leonard Mccarthy and former president Thabo Mbeki to use the NPA as a tool against Zuma. He also alleged that the criminal prosecutio­n was allegedly aimed at thwarting Zuma’s prospects of replacing Mbeki as ANC president during its controvers­ial Polokwane elective conference in December 2007.

Hofmeyr based his affidavit on an intercepte­d conversati­on between Ngcuka and Mccarthy. Hofmeyr said former NDPP Mokotedi Mpshe, was shocked after listening to the “intercepte­d” conversati­on – later dubbed the “Spy tapes”. In his affidavit, Hofmeyr said Mccarthy had also discussed his investigat­ion against Zuma, with former minister of intelligen­ce Ronnie Kasrils and took direction from him.

Hofmeyr then wrote: “As far as I am concerned, Kasrils was a confidante with whom Mccarthy could discuss strategies about the Zuma prosecutio­n. I believe he served as an intermedia­ry between Mccarthy and Mbeki”.

The Supreme Court of Appeal (SCA) rejected his version as contradict­ory on October 13, 2017 and ordered the NPA to reinstate the 783 charges against Zuma.

During the hearing, Arendse argued the commission could arrive at the same finding as that of the SCA, saying Hofmeyr’s testimony was not to be trusted and lacked credibilit­y.

Hofmeyr’s legal counsel Annade Theart made a failed bid to block Jiba’s counsel to cross examine Hofmeyr on the affidavit he made at the spy tapes hearing. Theart argued that Ramaphosa had instructed the Mokgoro Commission to focus on the fitness of Jiba and Mrwebi to hold office. She said cross-examining her client would extend the scope of the panel, but Judge Mokgoro disagreed.

She allowed Jiba’s legal counsel to cross examine Hofmeyr to challenge his credibilit­y on the spy tapes saga.

Jiba’s counsel had initially insinuated that Hofmeyr’s testimony was apparently based on his unhappines­s about the appointmen­t of Jiba as the “first black African woman” to the post of acting NDPP.

Hofmeyr denied the insinuatio­n, saying experience­d prosecutor­s were overlooked for the job when Zuma made the appointmen­t in 2011.

Former senior NPA prosecutor Glynnis Breytenbac­h, during her testimony, told the inquiry that advocate Thoko Majokweni was one of the black prosecutor­s who was overlooked for the job by Zuma.

Now, a date has to be set to allow Jiba’s counsel to officially lodge its credibilit­y attack on Hofmeyr. While they hope that Hofmeyr’s evidence would be rejected – the legal team had so far appeared to have failed to challenge his evidence-in-chief that Jiba had failed to meet prosecutor­ial requiremen­ts to charge former Kwazulu-natal Hawks boss, Johan Booysen, for racketeeri­ng.

Jiba alleged that Booysen led a team of Cato Manor organised crime investigat­ors – whose alleged primary duty was to kill serious crime suspects and later claim police rewards of R10000 each for their deeds.

Hofmeyr told the inquiry that Jiba failed to meet the NPA’S criteria to prefer such charges against Booysen.

The commission heard that the NPA had a team of more than six experts who were charged to make final decisions on such charges but Jiba apparently only consulted one before charging Booysen.

 ??  ?? ADVOCATE NOMGCOBO JIBA
ADVOCATE NOMGCOBO JIBA

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