OVERVIEW: Cross examination to continue with Mrwebi at #Mokgoroinquiry

2019-02-21 09:06

Suspended deputy NPA boss Nomgcobo Jiba has concluded her testimony before the Mokgoro inquiry, Lawrence Mrwebi has returned to the stand for cross examination.

Mokgoro inquiry

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Last Updated at 08:06
21 Feb 16:12

Mrwebi concedes that he got it wrong when it came to the consultation.  

At the point when it was pointed out at the judgement of Justice Murphy that Mrwebi should have agreed with Mr Mnyiati, is when Mrwebi realised he “got it wrong’’.  

21 Feb 15:43
We’ve got all this evidence, but we don’t have evidence linking General Mdluli, says Mrwebi.          

21 Feb 15:40

Mrwebi says documents in docket is not evidence. Says he studied the docket from page to page.

“The question is ‘Do they prove the crimes of this case?’”  

21 Feb 15:14
Mrwebi accepts representations were made to him by Mdluli on 17 November 2011. 

21 Feb 15:09

When did you take up office?

First week of November, I can't recall.

21 Feb 15:03

Sawa: Minister's letter not in accordance to the law?

Mrwebi: Maybe the minister can answer that better.

21 Feb 15:02

Bawa: Proposition is that if the gazette which gave you your powers, as a special director, which came out on 25 Nov then, strictly speaking, the letter from the Minister of Justice dated 7 Nov, conferring you the powers as of the 1st of November is as a matter of law not correct?

Mrwebi: Yes correct, I could not legally take a decision before then.

21 Feb 14:53
Bawa asks that answers be kept short. Mrwebi says he cannot keep it short because of the nature of the question.

21 Feb 14:53
One of major problems we had was stakeholder management. There was an arrogant attitude that this wouldn't come back to bite us, Mrwebi says, upon answering the question posed by Adv. Bawa regarding his skills and qualifications for his former position.

21 Feb 14:44

21 Feb 14:43

Mrwebi asked about the skills he brought to his elevated his position as the head of the Scorpions in KwaZulu-Natal"

I did not apply, I was hand-picked, against opposition, by the head of Scorpions, he says.

21 Feb 14:30

Bawa: When it comes to documents before court, Business Unit relies on advice of council, people at LAD.

Mrwebi: That is correct

21 Feb 14:29
Bawa asks: when LAD gets involved in the case, they have to come to you as the client for instructions, Mrwebi agrees.

21 Feb 14:27
Mrwebi agrees on Bawa's question that if one looks at general principles, documents before court would be based on what clients tell you, what you gleam on presentation.

21 Feb 14:25
Mrwebi: Whatever I put in the affidavit relative to the issue at hand, I would have taken legal advice on the matter.

21 Feb 14:20

Bawa: How does one deal with public trust? How, post this inquiry, if the President is faced with making a decision is restoring public trust, how do we overcome public perceptions of bias?

Mrwebi: If we can be sure that what we do is in line with Constitution, law, the list of principles you have mentioned. I think that's the best one can do. 

21 Feb 14:19

Bawa: No one is above the law

Mrwebi: Indeed.

Bawa: Where there is a crime, it must be investigated.

21 Feb 14:13

Cross examination being led by Advocate Bawa.

Now going through NPA criteria. 

21 Feb 14:06

21 Feb 14:06

Cross examination of Mrwebi has started.

Jiba to be cross-examined on Monday.

21 Feb 14:04

21 Feb 13:59

We resume.

Jiba continues, thanks everyone.

21 Feb 12:53

Chair: We will take a lunch break and return 10 minutes earlier.

We adjourn for lunch.

21 Feb 12:50

Jiba: Can I adjourn chairperson?

Jiba appears slightly emotional before requesting adjournment.

21 Feb 12:47
Jiba: I don't even know where to start, but in closing, I just want to make a request to this inquiry. I would want a situation, whether removed or not from the NPA, where the independence of prosecutors is strengthened.

21 Feb 12:46

Jiba says 'somebody somewhere may have been receiving the money but it wasn't me'. 

I don't know who that person is, but it was not me," she says.

Jiba also denies meeting Angello Agrizzi, Linda Mti, and Gavin Watson.

21 Feb 12:41

21 Feb 12:40
Jiba says the only time she was involved with Bosasa was through briefings. Those were briefings that involved other cases, she says.  

21 Feb 12:38

21 Feb 12:28

J: In all the divisions, the heads were males.

Jiba continues to speak about male dominated environment in NPA.

21 Feb 12:26

The Mokgoro inquiry previously heard that Jiba was under pressure to prosecute Booysen for racketeering despite not having evidence against him.

Jiba: "There was no pressure I was working under at all."

21 Feb 12:23
J: I stand by what I said in my affidavit.

21 Feb 12:19

Responding to evidence of Advocate Mogathle:

Jiba: I will accept that perhaps she was not kept in the loop by the very same person she has delegated, but I had no way of knowing she was not kept in the loop.

21 Feb 12:09

21 Feb 12:08

Jiba: I knew for a fact that all these requests were not ordinary requests. The reports were submitted by those responsible for making decisions - who understood the terms. I sort legal advice, and the advice I was given was that 'because you do not know the intentions of reports, you should not provide any response'.

And lo and behold, I was hailed before a criminal court. I was made a criminal and charged with an offence.

21 Feb 12:04
J: I had nothing to do with decision to prosecute. 

21 Feb 12:03
Jiba says when she instituted prosecution against Booysen she had no intentions of removing him from office.

21 Feb 12:00

21 Feb 11:56
Jiba says she was on special leave when Gordhan was prosecuted.

21 Feb 11:54
Jiba denies taking any decision in prosecuting Gordhan and McBride.

21 Feb 11:51

Jiba on Hofmeyr allegations:

J: I do not know which faction of the ruling party the NPA ascribed to. What I do know is that before a decision is made to prosecute anyone in the country, we are guidded by policy directives.

21 Feb 11:47

Commenting on abuse of prosecution powers by politicians:

Jiba: A very reckless statement if you don't have any evidence to sustain the allegation. A statement that really saddens me in particular.

21 Feb 11:34
Jiba: I was rewarded for my performance as acting NDPP

21 Feb 11:25

Jiba: If you spend less hours in court then you're not gonna have production. It looks like there's nothing going on in Tsitsikamma courts.

21 Feb 11:13
Jiba: I was acting on advice, with other people, I did not just make this decision by myself.

21 Feb 11:08

Jiba on Spytapes matter: Jiba says she was acting on advice - she says this is a case she found in the NPA.

"The only thing I did was to ensure that we continue with the approach that has already been adapted," she says. 

21 Feb 11:07

21 Feb 11:06
Jiba: We knew exactly what we were doing when it came to the field of commercial crime. There were expertise that we lost. We lost Adv Jan Swanepoel, who was passionate about commercial crimes.

21 Feb 11:02
Jiba: I have no reason to doubt advocate Mrwebi. I don't associate myself with those who think he [Mrwebi] is not competent.

21 Feb 11:00

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