The Justice Mokgoro Inquiry into the fitness of advocates Nomgcobo Jiba and Lawrence Mrwebi to hold office is having its first hearing in Centurion.
WATCH LIVE | Mokgoro Commission of Inquiry
(Courtesy of SABC)
Bawa asks Ramaite about the independence of prosecutors.
Bawa: "In which circumstances, should a director of public prosecutions interfere with a (High Court) prosecutor's decision to institute a prosecution?"
Ramaite: "Only when prosecution policy is not being followed."
Ramaite is still detailing the processes behind prosecutions, within the department.
Bawa confirms with Ramaite that he has been acting as National Director of Public Prosecutions from 14 August 2018, to date.
Bawa asks Ramaite to share his experiences within the NPA, and also a little bit about his background.
Dr Silas Ramaite is now sworn in.
Evidence leader Advocate Nazreen Bawa clarifies that this is not a commission, but it is an inquiry established in terms of the NPA Act, and the inquiry does not seek to determine criminal or civil culpability.
The judicial commission of inquiry into state capture, chaired by Raymond Zondo, is mentioned, and the Mokgoro commission is informed of evidence being led at that inquiry in which both Nomgcobo Jiba and Lawrence Mrwebi are implicated, accused of having accepted bribes. It is stated that the Agrizzi affidavit will be obtained, to consider its contents.
Proceedings are now in session, starting off with introductions.
Inquiry into Jiba and Mrwebi's fitness to hold office set to start in Centurion
The Justice Mokgoro Inquiry into the fitness of advocates Nomgcobo Jiba and Lawrence Mrwebi to hold office is expected to have its first hearing on Monday in Centurion.
The first witness to take the stand is current Acting National Director of Public Prosecutions, Dr Silas Ramaite, followed by Advocate Chris Jordaan SC, the inquiry's spokesperson Bongiwe Gambu said in a statement on Sunday.
The hearings, led by former justice of the Constitutional Court Yvonne Mokgoro, will start daily at 10:00 and are expected to end at 16:00.
President Cyril Ramaphosa suspended both Jiba and Mrwebi in October 2018 pending the outcome of the inquiry.
OPINION:
Is this why Bosasa was never prosecuted?
(By Adriaan Basson)
Is anyone surprised that former president Jacob Zuma is expected to be implicated by Angelo Agrizzi in Bosasa's nest of corruption?
I am certainly not. Zuma has showed himself over decades to be a politician for sale.
First the Shaiks, then the Guptas and now the Watsons, allegedly. Zuma does not discriminate against any benefactors who are willing to buy his political influence at the right price.
The biggest shock for me of the files Agrizzi is reportedly going to drop at the Zondo Commission into state capture over the next few days is the allegation that senior prosecutors were paid to let Bosasa off the hook.
As News24 reported on Sunday Agrizzi is expected to testify this week that senior prosecutors Nomgcobo Jiba and Lawrence Mrwebi, together with National Prosecuting Authority (NPA) senior staffer Jackie Lepinka were bribed by Bosasa to make the corruption case against them disappear.
ICYMI:
EXCLUSIVE: Agrizzi to implicate Zuma, Jiba in Bosasa scandal
Former president Jacob Zuma's foundation was paid R300 000 a month by Bosasa for years, allegedly in exchange for his influence to ensure that political leaders would open doors to new government contracts.
As the relationship with Zuma grew, Bosasa CEO Gavin Watson turned to Zuma to kill an ongoing corruption probe by National Prosecuting Authority (NPA) officials and the Hawks.
News24 has reliably learned that former Bosasa chief operations officer Angelo Agrizzi will reveal this and more during his hair-raising testimony before the Zondo Commission of inquiry into state capture this coming week. Agrizzi will implicate Minister Nomvula Mokonyane and top prosecutors Nomgcobo Jiba and Lawrence Mrwebi as being entangled in Bosasa's web of corruption.
ICYMI:
Ramaphosa to receive Jiba, Mrwebi inquiry report by March 9
A report on whether former deputy prosecutions boss, Nomgcobo Jiba, and her colleague, Lawrence Mrwebi, are fit to hold office will be provided to President Cyril Ramaphosa by no later than March 9, 2019.
This is according to a notice published in the Government Gazette.
Jiba and Mrwebi were suspended in October after Ramaphosa announced his decision to institute inquiries into their fitness to hold office.
Jiba is the Deputy National Director of Public Prosecutions and Mrwebi is the Special Director of Public Prosecutions.
The inquiry will provide Ramaphosa with the report, together with all supporting documentation.
ICYMI:
ConCourt to hear Bar's application for leave to appeal in Jiba, Mrwebi saga
The Constitutional Court will hear an application by the General Council of the Bar of South Africa (GCB) for leave to appeal a Supreme Court of Appeal (SCA) ruling in favour of suspended deputy prosecutions boss Nomgcobo Jiba and her colleague, Lawrence Mrwebi.
The application will be heard on March 14, 2019, the apex court has said.
"The applicant must, on or before Friday, 14 December 2018, file a paginated record in accordance with Rule 20(1) and (2) of this court's rules, containing only those portions of the record that are strictly necessary for the determination of the issues."
In July, the SCA overturned a ruling of the North Gauteng High Court in Pretoria that Jiba and Mrwebi be struck from the roll of advocates.
ICYMI:
NPA withdraws application for leave to appeal decision to withdraw charges against Jiba
The National Prosecuting Authority (NPA) has withdrawn its application for leave to appeal a North Gauteng High Court ruling that set aside the decision by former National Director of Public Prosecutions (NDPP) Shaun Abrahams to withdraw charges against his deputy Nomgcobo Jiba.
Spokesperson Luvuyo Mfaku confirmed to News24 on Thursday that the NPA wrote to Freedom under Law this week, informing the organisation of the NPA's decision.
"We have complied with the order of the court. The former NDPP referred the matter to the [director of public prosecutions] in the North West to have the matter considered there so we realised there is no point in pursuing the appeal," Mfaku said.
In August 2015, Abrahams withdrew charges of perjury and fraud against Jiba.
ICYMI:
Jiba welcomes opportunity to give her side of the story - lawyer
Deputy prosecutions boss Nomgcobo Jiba has welcomed the opportunity she has been given to give her side of the story after President Cyril Ramaphosa said he intends to institute an inquiry into her fitness to hold office, her lawyer said on Thursday.
Ramaphosa announced on Wednesday that he informed Jiba and her colleague, Lawrence Mrwebi, of his decision.
"We will abide by the deadline set by the president in terms of making her submissions," Zola Majavu told News24.
"There is absolutely nothing wrong with what the president is doing (giving Jiba an opportunity to make representations). He is simply doing what the court has instructed. Until the president has made his decision, upon receipt of our submission, there will be no commentary on the matter," Majavu said.
ICYMI:
Jiba and Mrwebi to face inquiries - Presidency
President Cyril Ramaphosa has informed Deputy National Director of Public Prosecutions Nomgcobo Jiba and Special Director of Public Prosecutions Lawrence Mrwebi that he intends to institute inquiries into their fitness to hold office.
In a statement issued on Wednesday, the Presidency said Ramaphosa had invited Jiba and Mrwebi to make submissions by August 10 to say why they should not be suspended pending the inquiry.
In letters to both advocates, Ramaphosa said: "I cannot underscore the importance of the public's trust in the National Prosecuting Authority (NPA) and its most senior management. It is a constitutional institution that is central to the proper administration of justice. Doubt about the fitness and integrity of anyone in so senior a position as you