Ramaite to face music in his testimony to inquiry
Allegations have been levelled that he acted improperly, writes Baldwin Ndaba
THE former acting national director of public prosecutions, Silas Ramaite, is set to testify at the commission of inquiry which will probe the fitness of Nomgcobo Jiba and Lawrence Mrwebi to hold office in the National Prosecuting Authority.
Ramaite has been summoned to testify amid allegations heard last year, during the hearings into the appointment of a new director of public prosecutions, that he connived with Jiba and Mrwebi to withdraw criminal charges of fraud and corruption against two top ANC officials and former MECs, Mike Mabuyakhulu and Peggy Nkonyeni, in 2012.
The commission’s spokeswoman, Bongiwe Gambu, confirmed yesterday that Ramaite and the former head of the Specialised Commercial Crime Unit, Chris Jordaan SC, would be among the first to appear before Judge Yvonne Mokgoro during the hearing in Centurion, Pretoria, today.
In November, Ramaite irked panel members charged with appointing a new director of public prosecutions.
He was among 14 candidates for the job but members of the panel, which included Energy Minister Jeff Radebe, appeared unimpressed with his failure to answer questions about the collapse of systems at the NPA.
Ramaite, who was the longest serving NPA official among the 14 candidates, was not placed on the shortlist recommended to President Cyril Ramaphosa for appointment.
While Radebe’s panel did not give reasons for excluding him, it is believed his performance during the interview had annoyed members of the panel.
He was repeatedly asked to answer questions but failed to do so.
At the time, the panel also heard that Ramaite was allegedly part of a team of senior NPA prosecutors, including Jiba and Mrwebi, who put pressure on then acting KwaZulu-Natal NPA head Simphiwe Mlotshwa to withdraw charges of fraud and corruption against Mabuyakhulu and Nkonyeni in 2012.
During those hearings, Mlotshwa told the panel he was overlooked for the permanent job after he had a fallout with his superiors in Pretoria over his decision to continue prosecuting Mabuyakhulu and Nkonyeni.
Mlotshwa said he was instructed by his seniors, Willie Hofmeyr, Jiba, Ramaite and Mrwebi, to withdraw the charges against Mabuyakhulu and Nkonyeni.
Ramaite is today expected to give testimony about the requirements of a candidate who is fit and proper to hold office in the NPA. The Mokgoro inquiry was established in October.
Ramaphosa announced his decision to institute an inquiry into the fitness of Jiba and Mrwebi to hold office after he gave the pair an opportunity to make submissions in August on why they should not be suspended pending the inquiry.
Both Jiba, who is deputy national director for public prosecutions, and Mrwebi, a special director for public prosecutions, are on suspension on full pay.
In her notice of the inquiry, Judge Mokgoro said it was neither a judicial inquiry nor a disciplinary hearing or trial.
“The inquiry is not determining whether anyone should face criminal prosecution nor whether anyone is civilly liable for any breaches of the law,” she said.
While Jiba and Mrwebi will be expected to defend themselves in the inquiry and then return to their jobs, another hurdle is facing them in the Constitutional Court.
The ConCourt is due to hear the appeal of the General Bar Council of SA against the decision of the Supreme Court of Appeal (SCA) overturning the Gauteng High Court in Pretoria’s ruling to strike Jiba and Mrwebi off the roll of advocates.
The SCA overturned the ruling in July.
This prompted the council to petition the ConCourt.
The appeal is expected to be heard on March 14.