OVERVIEW: 'We have to take responsibly in that we have failed in addressing the NDPP' - Jiba at #MokgoroInquiry

2019-02-25 09:47

Suspended deputy NPA boss Nomgcobo Jiba previously concluded her testimony before the Mokgoro inquiry, and will now return to the stand for cross examination.

Mokgoro inquiry

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Last Updated at 03:14
25 Feb 16:36

25 Feb 16:36

25 Feb 16:26

25 Feb 16:25
The narrative issue was testified by Hofmeyr, that the NPA prosecutes people who combat corruption.   Jiba says she doesn’t know what informed Hofmeyr’s testimony, couldn’t find basis for him having said that.

25 Feb 16:24

25 Feb 16:23
Jiba: Narratives should never concern one. Stick to what is contained in policy and Constitution. JIba says she does not consider the narratives by public, media, etc.

25 Feb 16:23

25 Feb 16:08

25 Feb 16:06

Jiba was admitted as deputy director of public prosecutor in 2010 but was not admitted as an attorney prior to that.

Jiba says she can’t answer how this happened, it was up to those who chose her as deputy director of public prosecutions.

25 Feb 16:02

25 Feb 15:59
Jiba: There are many complaints brought against our prosecutors and we don’t always conduct a full-blown investigation. It’s a judgement call that one makes.

25 Feb 15:56

The flight is said to have happen on September 9, 2010. Then president granted Jiba’s husband pardon on September 8, 2010 and it is three months before Jiba was appointed by the president.  

Jiba says she doesn’t see why she would have recused herself because the decision to prosecute (then president) or not was made already.

There was nothing I was going to be able to assist the (then) president with.

25 Feb 15:49

Jiba says the working conditions of the deputy national directors are quite difficult.

DPPs said they do not want to work at head office because there is no certainty.

It created tension between Deputy National Director and NDPP.   “We have failed to address them with frankness and openness,” Jiba says.

“We have to take responsibly in that we have failed in addressing the NDPP. When I was facing challenges myself, he did not do anything.”

25 Feb 15:14
Jiba: Despite what Hofmeyr said about me, I did not rejoice in his unhappiness. The NDPP has the power to reshuffle us. 

25 Feb 14:58

Bawa: You wrote to minister to intervene, what as expectant?

Jiba: as the person responsible for oversite of NPA, I was expecting him to intervene on my behalf. I wasn't happy about my transfer to other business unit.

25 Feb 14:53
Jiba says she would receive briefings on disciplinary inquiry, however not firsthand.  

25 Feb 14:52
Only time other ongoing investigations became known to Jiba was when they were briefed on it.

25 Feb 14:42

My understanding was that every step Advocate Mogathle was briefed every step of the way.

I did not pick up the phone to brief Advocate Mogathle, but my focus was on the case itself.

I go to the team supposedly engaged in the case.

25 Feb 14:24
Jiba concedes that she did not consult with Breytenbech on Mrwebi's recommendation to suspend her, despite Breytenbach's memorandum raising claims that Richard Mdluli's case was being provisionally withdrawn.

25 Feb 14:24

Jiba: I had no doubt what was being said to me by national director.

Jiba says she did not think it was necessary to take the issue further despite Breytenbech's claims in memorandum.

25 Feb 14:18

25 Feb 14:09
Jiba says she did not have details of the allegations against Breytenbach, but suspended her as per recommendation from Advocate Mrwebi. 

25 Feb 13:57

25 Feb 12:55
We adjourn for lunch, to resume at 13:45 where Advocate Bawa is set to embark on a difference line of questioning.

25 Feb 12:53

Bawa: Did you ever go to DPP in Pretoria?

Jiba: I don't recall. I do recall expressing my unhappiness about such cases in DPP office.

25 Feb 12:49

Jiba confirms this was a labour issue.

Bawa: You were not in this meeting correct?

Jiba: I need to read and recollect? I don't know, I don't remember. I will check it properly.

Bawa: I seem to think you were not, but I can't be sure. I could be wrong.

Jiba: I will establish chairperson. 

25 Feb 12:49

Mokgoro: Who attended meeting where settlement agreement was mooted?

Jiba: Head of crime intellegence at the time, minister of justice, and Mr Nathi Mthethwa.

25 Feb 12:42
Bawa reading from Jiba's memo, paragraph 5. She submitted representations to minister Radebe for Mpshe to reinstate Jiba. 

25 Feb 12:30
Jiba confirms that at some stage, both herself and Mrwebi were suspended. She says she is not aware if their suspension was done around the same time.

25 Feb 11:54

25 Feb 11:51
Jiba confirms that no NPA personnel from KZN was charged in regards to the Cato Manor killings.

25 Feb 11:51

25 Feb 11:29
Jiba says it was her decision for prosecutors to handle Cato Manor case in KZN.

25 Feb 11:24

25 Feb 11:21
We are back in session.

25 Feb 11:06

While we wait...

ICYMI: Jiba, why should we believe you?

For more than twelve years, Nomgcobo Jiba has kept quiet. She has maintained her silence in the face of damning court judgments, suspensions, scathing media reports and condemnatory allegations from colleagues.

She has spoken only through affidavits, responding in the black and white of court papers, and as she says, through her work.

25 Feb 11:05

Bawa: What was the relevance of the photographs to the racketeering? I can't quite see where the photos relate to racketeering charges (photographs of gruesome crime scene Jiba intended on using as evidence)

Jiba: It is the analysis by bullistics.

25 Feb 10:56

Bawa: What you don't say is that you considered the Cato Manor docket...you say these are some of the instances...You don't then detail all the information.

Jiba: When the matter was presented.. this docket is huge.. there's no way they could've gotten all the documents before me. I could not have read all of that docket, only information sufficient enough to make the decision.

Bawa: The internal memorandum prepared... were you part of it?

I don't remember, says Jiba.

25 Feb 10:45

25 Feb 10:43
Jiba: Whoever has broken the law, must be brought before court.

25 Feb 10:38

Booysen previously testified before the inquiry and maintained that Jiba used insufficient evidence to charge him. 

"The evidence that she said was before her... could not have been there," Booysen testified. 

Booysen was charged in August 2012 with managing and participating an "enterprise" through a pattern of racketeering activity, News24 previously reported. Apart from the racketeering charges, Booysen was accused of two murders, the unlawful possession of a firearm and ammunition, and defeating or obstructing the course of justice.

25 Feb 10:34

Bawa: What was the information under oath you refer to which indicated to you that they were killing suspects?

Jiba: The affidavit of Booysen himself that he made in the matter.

25 Feb 10:20
Jiba has also conceded that racketeering is a serious offence and NPA wouldn't allow prosecutions unless the NDPP authorises it. 

25 Feb 10:19

Jiba: I did not know him at all. The other day we discovered that we are in the same church.

Bawa: Either one of you are not going to church enough.

25 Feb 10:19

Bawa: I'm summing up a public domain narrative, do you understand that that is what's being said?

Jiba: I understand, but I have explained in my evidence in chief that led me to instituting a prosecution. I can tell you and promise you that narrative is extremely false.

25 Feb 10:16

Bawa: As I understand it... I'm going to call it a narrative. Let's seperate the murder and racketeering charge.

The charges were brought against Booysen in order to remove him from criminal investigations. The narrative that develops is that these charges are brought against him for some ulterior, almost nefarious purpose to remove him from criminal investigations he was overseeing.

25 Feb 10:15

25 Feb 10:10

Onto the Booysen matter,

Bawa: I'm asking you this question not for determination of guilt, or from a presumption that anyone should be exonerated outside a court of law...

25 Feb 10:03

25 Feb 10:02
Jiba says she recalls media reports that she was to be appointed as an acting head of the SIU in 2013, but has never assumed the role. She confirms that there were such assumptions, but never matarialised. 

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