Inquiry into Mrwebi, Jiba’s fitness to hold office will now begin in January
THE inquiry into the fitness to hold office of two top National Prosecuting Authority (NPA) officials will start in January.
The announcement by the head of the inquiry – retired Constitutional Court Justice Yvonne Mokgoro – follows the apex court’s decision to hear the General Council of the Bar’s application to have Deputy National Director of Public Prosecutions (NDPP) Nomgcobo
Jiba and special director of public prosecutions Lawrence Mrwebi disbarred.
“The inquiry is not a commission as contemplated in the Commissions Act, a disciplinary hearing or a trial.
“The inquiry is not determining whether anyone should face criminal prosecution nor whether anyone is civilly (SIC) liable for any breach of law,” said a notice issued by Mokgoro on Thursday.
Mokgoro called on anyone with evidence or wishing to make written submissions to do so by the end of business on Friday. Written and legal submissions must be made no later than January 8.
Evidence must be submitted by December 20, according to Mokgoro.
In 2016, the North Gauteng High Court in Pretoria found Jiba and Mrwebi should lose their rights to practice as advocates, and their top jobs at the NPA for their roles in the withdrawal of corruption and fraud charges against former police crime intelligence boss Richard Mdluli.
President Cyril Ramaphosa appointed Mokgoro to head the inquiry into whether Jiba and Mrwebi complied with the NPA Act and the Constitution in their roles since their appointment in 2011.
The inquiry will look into their competence and capacity to fulfil their roles and whether they brought the NPA into disrepute through acts or omissions.
Jiba and Mrwebi were placed on suspension by Ramaphosa in October with full pay pending the finalisation of the inquiry.
The inquiry will find out whether Jiba and Mrwebi properly exercised their discretion when prosecuting and stopping criminal proceedings.
Mokgoro has until April to complete the work of the inquiry and submit her report to Ramaphosa.
This week, the commission of inquiry into state capture heard that former president Jacob Zuma offered former mineral resources minister Ngoako Ramatlhodi’s special adviser Mahlodi Muofhe the position of NDPP because he was unhappy with then NPA head Mxolisi Nxasana.