Jiba comes out guns blazing

Mounts formidable bid to have Agrizzi’s damning evidence against her disregarded

DEPUTY national director of public prosecutions, advocate Nomgcobo Jiba, has lodged a formidable legal battle to have the damning affidavit of former Bosasa boss, Angelo Agrizzi, disregarded by the Mokgoro inquiry.

The application came after Agrizzi’s legal representative submitted a letter to the inquiry recusing him from taking the stand to testify against Jiba and advocate Lawrence Mrwebi.

In his letter, Agrizzi’s legal representatives said: “We have been advised that in relation to the rules of your inquiry, our client could possibly incriminate himself in giving any evidence either in chief or in cross examination.

“In view of the pending serious criminal charges against our client and to fully protect his constitutional rights in terms of Section 35 of the Constitution, our client will not be in a position to give evidence at the inquiry. Should our client’s position change in relation to the pending criminal charges, we will immediately contact your evidence leader.”

But Jiba, through her legal counsel, Zola Majavu, pleaded with the inquiry to ignore the affidavit of Agrizzi due to his last minute withdrawal.

Agrizzi said his decision was also prompted by the impending criminal trial against him following his arrest last week when he was charged with fraud and corruption involving more than R1.6 billion. He is charged with five other people. He is due back in court on March 27.

Majavu told the inquiry probing the fitness of Jiba and Mrwebi to hold office in the NPA, that Jiba was surprised by Agrizzi’s withdrawal.

In the application to Judge Mokgoro to expunge Agrizzi’s affidavit, Majavu said Agrizzi was the “biggest accuser” of his client. His failure to appear before the inquiry would have a negative effect on Jiba. Majavu conceded that Agrizzi’s affidavit was enough to allow Judge Mokgoro to come to a finding that Jiba was not a fit and proper person to hold a senior position in the NPA.

“My client was ready to meet her accuser. We received the affidavit two weeks ago. We made preparations to rebut all allegations contained in it. Adv Jiba is displeased by this turn of events,” Majola said.

Advocate Mervyn Rip SC, acting for Mrwebi, expressed similar sentiments, arguing that his client similarly prepared to dispute Agrizzi’s evidence, especially about disclosures made by former Correctional Services boss, Linda Mti, in Agrizzi’s affidavit.

According to Agrizzi, Mti labelled Mrwebi a snail who acted slowly to provide them with evidence to allow Bosasa to avoid prosecution in a court. “My client was prepared to prove the falseness of the accusations,” Rip said.

The evidence leaders rejected the request, saying Jiba and Mrwebi’s defence counsel were in possession of 26 other affidavits of deponents who did not give oral evidence before the commission. Evidence leader Nazreen Bawa asked Judge Mokgoro to allow Agrizzi’s affidavit to be treated similarly to the other 26 affidavits.

Constitutional law expert Lawson Naidoo yesterday said law enforcement authorities should have consulted broadly to establish the implications of arresting Agrizzi. Naidoo, an executive secretary of the Council for the Advancement of the SA Constitution, said he believed that Agrizzi would not incriminate himself by testifying at the Mokgoro inquiry, but the NPA and Hawks had made a blunder by moving too quickly to charge him. “The key issue is the recklessness of the NPA and Hawks for acting without looking at the consequences and implications.”

However, Corruption Watch executive director David Lewis did not think Agrizzi’s appearance before the Zondo commission should have prevented the justice system from acting.

“These are independent processes. When the criminal justice authorities believe they have sufficient evidence they do charge him. It does not mean that Agrizzi would not be able to enter into a bargaining arrangement with the NPA if he is prepared to co-operate with the prosecution of other people accused of corruption,” said Lewis. |

| GCIS PRESIDENT Cyril Ramaphosa replies to the debate on the State of the Nation address at the joint sitting of Parliament in the National Assembly. He delivered the Sona last week focusing on economic development, job creation and enhancing the capacity of the state. Political parties had the opportunity, in a debate, to reinforce or critique the president’s overview of the state of affairs in the country and his vision of where South Africa should be headed.