Hofmeyr accused as NPA chief hits back
Veteran lawyer ’colluded’ with ousted boss to fire top officials
WILLIE Hofmeyr has, for the first time, publicly been drawn into the intense internal battle at the National Prosecuting Authority.
The former head of the Asset Forfeiture Unit has been accused of colluding with ousted NPA boss Mxolisi Nxasana to get rid of three high-ranking officials at the institution.
This startling claim is made by the new NPA boss, Shaun Abrahams, in an affidavit filed at the High Court in Cape Town.
In the case, the DA wants the court to set aside President Jacob Zuma’s decision not to suspend Advocate Nomgcobo Jiba or institute an inquiry into her fitness for office.
Abrahams states that Hofmeyr, while acting as head of the NPA for two days, had tried to get Jiba as well as Lawrence Mrwebi and Sibongile Mzinyathi suspended.
Nxasana was on leave when Hofmeyr wrote a 27-page memorandum to Justice Minister Michael Masutha asking him to get the president to suspend them pending an inquiry into their fitness to hold office.
Jiba is the deputy national director of public prosecutions, Mrwebi is head of the specialised commercial crimes unit and Mzinyathi the prosecutions head for north Gauteng.
In the affidavit, dated November 29, Abrahams stated that a move by the General Council of the Bar to strike the three NPA officials from the roll of advocates “can be traced to officials within the NPA” close to Nxasana “who have long been at loggerheads with . . . Jiba”.
Nxasana resigned in June after being in the job for just under two years — weeks after Zuma had cancelled an inquiry into the NPA boss’s own fitness to hold office.
Abrahams said Hofmeyr’s memo was a “starting point” in the bid to get rid of Jiba.
“It must be mentioned at the outset that the allegations concerning Advocate Jiba had nothing to do with the AFU, and, in the ordinary course, would not be investigated by Mr Hofmeyr or the AFU.”
Hofmeyr, a veteran at the NPA, was in charge of the AFU for more than a decade, during which the unit was largely immune from political meddling. He was moved to legal affairs at the NPA following the arrival of Abrahams in June.
The conduct of Jiba, Mrwebi and Mzinyathi was severely criticised by Judge John Murphy last year in a separate case brought by Freedom Under Law following a decision to drop murder and corruption charges against former police crime intelligence boss Richard Mdluli.
Abrahams said that considering the length of Hofmeyr’s memorandum, “it is unlikely that it was prepared in the two days of Mr Nxasana’s absence”.
He said it was later confirmed to him that Hofmeyr “had all along been doing Mr Nxasana's bidding in pursuing Advocate Jiba”. Hofmeyr had told him in a meeting that he had investigated Jiba “on the direct instruction of Mr Nxasana”.
The NPA withdrew fraud and perjury charges against Jiba in August this year, four months
NO COMMENT: Willie Hofmeyr and deputy national director of public prosecutions Nomgcobo Jiba INQUIRY LAUNCHED: Mxolisi Nxasana quit as head of the NPA after less than two years in office after she was charged. Abrahams said NPA files had “fortified my conviction” that the Yacoob commission was initiated by Nxasana and Karen van Rensburg, the former NPA chief executive, to discredit Jiba.
Retired Constitutional Court judge Zak Yacoob, appointed by Nxasana to conduct a fact-finding inquiry into the NPA last year, recommended the establishment of a judicial commission of inquiry.
Abrahams stated that it was Hofmeyr who had recommended the idea of the commission to Nxasana. He said documents to be placed before the Yacoob commission included a category called “SARS, Paparas Complaints”. These, he said, related to alleged impropriety by members of the prosecuting and investigative team in the now defunct Directorate of Special Operations — the Scorpions — who handled the case against former
THE ACCUSER: Shaun Abrahams, the national director of public prosecutions
Hofmeyr had all along been doing Mxolisi Nxasana's bidding
police chief Jackie Selebi.
“Some of these very officials had been tasked by Mr Nxasana and Ms van Rensburg with assisting the Yacoob committee.”
He said when the decision was made by the General Council of the Bar to apply to strike the three advocates off the roll, consultations were held between the bar’s senior counsel, Patrick Ellis, and Andrew Leask, an AFU financial investigator who worked under Hofmeyr.
“It is significant that Ellis SC had consulted with Mr Leask, General Booysen [KwaZulu-Natal Hawks head Johan Booysen], Mr Hofmeyr and Ms van Rensburg. I mention the above to demonstrate the lack of objectivity in the investigation targeted at Advocate Jiba, Mrwebi and Mzinyathi conducted by Mr Hofmeyr and Ms van Rensburg at the instance of Mr Nxasana.” Hofmeyr declined to comment. Nxasana said it was unfair to make disparaging comments about anyone in the court papers without their being given the chance to respond.
Asked about claims that the bar council targeted the three advocates at the behest of NPA officials aligned to him, Nxasana said: “I am not a person who had factions.”
He said he had a duty to refer the matter to the bar council, in view of advice from senior counsel, among other things.
Referring to Abrahams saying that Hofmeyr “had all along” been doing his bidding, Nxasana said: “I’m lost for words.”
The NPA said it did not comment on ongoing court matters.