OVERVIEW: #MokgoroInquiry - 'We had a very cordial relationship' - MacAdam on working with Jiba

2019-01-22 15:30

The Mokgoro Inquiry into the fitness of advocates Nomgcobo Jiba and Lawrence Mrwebi to hold office wrapped up its second day with testimony from Advocate Raymond MacAdam.

WATCH LIVE | Day 2: Mokgoro Inquiry

(Courtesy of SABC)

Advocate Nomgcobo Jiba's legal team at the Mokgoro
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Last Updated at 09:10
22 Jan 15:38

After some discussion about procedural issues between Mokgoro and Bawa, MacAdam asks if he may be excused...

Mokgoro thanks MacAdam and excuses him: "You may step down."

MacAdam: "Thank you very much, that's the best news I've heard all day."

MacAdam exits the room and Mokgoro adjourns proceedings until tomorrow morning. 


22 Jan 15:18

Masuku wraps up his cross-examination after MacAdam clarifies that he had never said Advocate Jiba was responsible for his removal.

MacAdam: "I have never - and I would apologise if that was the impression created in my affadavit - ever blamed Advocate Jiba. I acted purely on what Advocate Johnson said, and if it hadn't been for this email of 8th of October from Abrahams, that would be the end of the matter." 

"We had a very cordial relationship," MacAdam says of his working relationship with Jiba.

Masuku says he has no further questions. 


22 Jan 14:59

22 Jan 14:58

MacAdam: "The issue was that Nxasana had issued a special directive making these cases my sole responsibility, reporting to him, and taking them away from the SCCU and the directors of prosecution. If it hadn't been for that, these cases would've either been with SCCU, or they would've been dealt with by the directors of prosecution in all the regions.

"It was an extraordinary decision by the then-national director to take these matters away from where they were, and to assign them to me, and to make me accountable to him on those matters."

Masuku asks MacAdam about his interactions with Jiba.

MacAdam: "In all my dealings with Advocate Jiba, she would call me into her office, sometimes after hours in the evening, and she was always very polite to me, listened to what I'd say, and say 'Go ahead'. 

"So I thought it very strange that on this matter, I only get a message via Advocate Johnson, and that Advocate Jiba doesn't call me in, because if she'd explained everything to me, I would've said 'Well, fine, what is the position with the handover?' These are involved cases, I'd have liked to have more than 24 hours, and I'd have liked to have raised this issue of the trip to Paris. And that never happened." 


22 Jan 14:45

After quite a bit of to and fro, Rip wraps up his cross-examination of MacAdam, and says he has no further questions. 

Advocate Jiba's legal representative, Thabani Masuku, now takes his opportunity to cross-examine MacAdams. 


22 Jan 14:28

22 Jan 14:25

Rip and MacAdam are still discussing a report which bears MacAdam's name, but according to MacAdam he did not compile it. 

Rip says Mrwebi took MacAdam's report and added to it after consultation with other advocates and investigators working on the cases. 


22 Jan 14:20

22 Jan 14:10

Proceedings resume after the lunch adjournment, with Rip continuing his cross-examination of MacAdam. 


22 Jan 12:58

Rip requests a pause in his cross-questioning of MacAdam, so he can go over a few more notes. 

Mokgoro calls for the lunch adjournment, and proceedings will resume at 14:00, with Rip still cross-examining MacAdam.


22 Jan 12:56

22 Jan 12:53

MacAdam says his appointment was made by the national director and it was only the national director who could revoke his mandate.


22 Jan 12:49

22 Jan 12:49

Rip asks MacAdam if he was disgruntled by the decision. MacAdam says no, he was not disgruntled, but he was "disappointed", as a senior official working on a difficult portfolio.


22 Jan 12:47

Rip: "When did you accept that you were no longer in charge of the OECD files?" 

MacAdam says when he did the handover report to the SCCU. 


22 Jan 12:38

Advocate Mervyn Rip, representing Advocate Lawrence Mrwebi, now begins his cross-examination of MacAdam. Rip confirms with MacAdam that he has not worked on the foreign bribery cases since the end of 2015 and does not know what has happened to them since... MacAdam agrees.


22 Jan 12:35

Mokgoro asks MacAdam if he thinks prosecutors are faced with "political and/or economic pressure" when they make decisions to investigate, or to permit an investigation, or to enforce a decision. 

MacAdam: "I certainly have experience of that. For many years I was involved in the political violence in KwaZulu-Natal. The minute you started an investigation that targets the political party, in certain instances, the national director would tell me, 'The leader of that party had phoned the president and told the president get rid of MacAdam and drop that investigation'.

"At another level, there would then be protest action at the court, everybody demanding that we drop the case, release the accused..." 

MacAdam says in some instances prosecutors would also be accused of being politically biased, pursuing a prosecution just to target certain politicians. 


22 Jan 12:25

22 Jan 12:24

Bawa, while questioning MacAdam about the cases he was working on, reminds him that she doesn't need him to go into too much detail about the cases, as that information is available to them. 

Bawa had also asked about the nature of the handover of these cases, and the information contained therein, and MacAdam said the "brevity" of some of the case details in the handover was due to the short notice he was given to hand the cases over. 

Bawa continues discussing some of the cases that MacAdam had been involved in, and finally wraps up, saying she has no further questions for MacAdam. 

Mokgoro and the presiding panel continue questioning MacAdam for further clarity on his testimony.



22 Jan 12:09

The last case mentioned is the "arms deal related case". 

MacAdam: "I had on two occasions been required to give presentations to the OECD regarding these matters. On each occasion, I had explained to the OECD that there was a commission of inquiry headed by Judge Sereti into these matters, and our view was that we would wait for the findings of that commission before deciding to investigate." 

MacAdam says the other countries were asking for the deletion of those cases, and the OECD said no. 


22 Jan 12:05

Bawa moves on the Tanzanian facilitation payments case, which MacAdam says "appears to be a correct reflection of the facts of that case".

The next case briefly mentioned is the "MTN Cameroon matter", and then a matter involving Hitachi, where the US had reported that Hitachi America had pleaded guilty to paying bribes to South African officials in order to get the contracts for the various power stations that were being built to address the electricity shortage at the time. 

MacAdam says the chairperson of the working group had said that he required South Africa to properly investigate "our side of that corruption". 


22 Jan 11:58

Bawa moves on to the next cases, involving Denel, and then the bribery of the Lesotho government. 


22 Jan 11:57

MacAdam discusses one of the cases he had been tasked with investigating, which involved the lifting of sanctions on Iran, which had been placed on Iran because of its military and nuclear programmes.

Bawa then moves on to a case involving PetroSA, and asks MacAdam to elaborate further. 

MacAdam: "We had said that the suspicion is getting stronger as a result of various interviews that I and the investigators had conducted with the senior management of PetroSA. The domestic investigation related to matters that were wholly irrelevant to the allegations of bribery, so my concern is that the bribery was the most serious charge. I think the amounts involved were in the region - and I stand under correction - of $660-million US dollars or so."


22 Jan 11:44

22 Jan 11:42

MacAdam talks about returning from an overseas work trip, and requesting the return of his OECD files from Advocate Lawrence Mrwebi, but he was told the files had been distributed to various SCCU prosecutors and he could not get them back.


22 Jan 11:35

MacAdam points out that at the time, then-NDPP Shaun Abrahams had reshuffled his deputies and Jiba was in charge of the PCLU. MacAdam says that he was informed by Advocate Johnson that Jiba had decided that the foreign bribery cases should be transferred to the SCCU.

MacAdam says he complied with the request as he assumed it was coming from the NDPP.


22 Jan 11:32

MacAdam: "What happened is, Advocate Jiba asked me to give her a briefing of what I was doing, so I informed her of my foreign bribery portfolio, but I did tell her that what had happened was that since June, I was more and more being roped into all my old PCLU work. So I said to her, there had been discussions with the national director regarding whether I continue with the portfolio, or whether it be re-assigned."

MacAdam says he told Jiba that he couldn't do the foreign bribery work, plus all the other work that was allocated to him and was piling up. 


22 Jan 11:31

22 Jan 11:25

Bawa and MacAdam discussing an OECD (Organisation for Economic Co-operation and Development) report involving cases of bribery, and concerns that there may have been political interference. 

MacAdam says in 2015 he was told by Advocate Mokgatla to hand over cases of foreign bribery to the SCCU. Shaun Abrahams is mentioned as having just been appointed.


22 Jan 11:10

The delay in this morning's proceedings has been described as "administrative". 

MacAdam, now sworn in, is asked to briefly confirm his qualifications and work history. 

MacAdam says his affidavit had been prepared for the judicial commission of inquiry into state capture, but he has also provided a copy of his affidavit to this inquiry. 


22 Jan 11:06

22 Jan 11:06

Evidence leader Advocate Nazreen Bawa has taken her seat and it seems proceedings are finally about to kick off. 

The witness, Advocate Chris MacAdam, has now been sworn in.


22 Jan 10:54

22 Jan 10:34

22 Jan 10:07

22 Jan 10:06

22 Jan 10:01

ICYMI: 

Jiba 'eager' to testify at the state capture commission – lawyer 

Suspended Deputy National Director for Public Prosecutions Nomgcobo Jiba says she is willing to appear before the Zondo commission of inquiry into allegations of state capture should she be given a chance to do so.

Jiba was placed on suspension last year by President Cyril Ramaphosa along with the special director of public prosecutions, Lawrence Mrwebi.

She says provided that her appearance at the Zondo Commission does not conflict with the Justice Yvonne Mokgoro inquiry, which is looking into her fitness to hold office, she is keen to give her side of the story.

During his testimony at the state capture commission last week former Bosasa chief operations officer Angelo Agrizzi testified that Jiba received at least R100 000 and Mrwebi R10 000 to kill an ongoing corruption probe by the National Prosecuting Authority and the Hawks. 


22 Jan 10:01

ICYMI: 

'She has not received any money' - Jiba's lawyer at fitness inquiry 

Retired Constitutional Court Justice Yvonne Mokgoro says bribery allegations levelled against suspended Deputy National Director for Public Prosecutions (NDPP) Nomgcobo Jiba and Special Director of Public Prosecutions Lawrence Mrwebi will, for now, not form part of the inquiry she heads.

She said she has not received an affidavit containing the allegations made against them.

Mokgoro is heading up an inquiry in Centurion into Jiba and Mrwebi's fitness to hold office.

During his testimony at the state capture commission last week, former Bosasa chief operations officer Angelo Agrizzi testified that Jiba received at least R100 000 and Mrwebi R10 000 to kill an ongoing corruption probe by the National Prosecuting Authority (NPA) officials and the Hawks. 


22 Jan 10:01

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.


22 Jan 10:01

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. 


22 Jan 10:01

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. 


22 Jan 10:01

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. 


22 Jan 10:00

ICYMI: 

SCA overturns ruling that struck Nomgcobo Jiba, Lawrence Mrwebi off the roll of advocates 

The Supreme Court of Appeal has overturned a high court ruling that called for National Prosecuting Authority's Nomgcobo Jiba and Lawrence Mrwebi to be struck off the roll of advocates.

The judgment was delivered by Justice Connie Mocumie in Bloemfontein on Tuesday morning. 

Jiba is the Deputy National Director of Public Prosecutions and Mrwebi the Special Director of Public Prosecutions.

Jiba and Mrwebi were struck off the roll on September 15, 2016, by Judge Francis Legodi. 

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