Jiba’s lawyers bar Nxasana from implicating the former acting NDPP

accreditation
Axed deputy NPA boss Nomgcobo Jiba. (Jeanette Chabalala, News24, file)
Axed deputy NPA boss Nomgcobo Jiba. (Jeanette Chabalala, News24, file)

Former National Prosecuting Authority (NPA) boss Mxolisi Nxasana has been barred from giving evidence at the state capture commission of inquiry which could implicate axed deputy National Director of Public Prosecutions (NDPP) advocate Nomgcobo Jiba and others. 

This comes after advocate Vuyani Ngalwana, SC, approached the commission shortly after lunch on Wednesday requesting that evidence relating to Jiba be set aside until she is given a chance to reply.

The commission had not yet submmitted notices to the implicated person and intended to do so after the witness gave evidence. 

Ngalwana, however, highlighted that this went against the rules of the commission, which state that the implicated person should be given notice before a witness gives evidence. 

"I would recommend that we allow the witness to testify further but not to give evidence that would implicate Jiba. 

"Any allegation made by a person is taken to be the truth by society before it is even tested. By the time Jiba tests it, it will be too late," Ngalwana explained. 

The commission, which is dealing with political/external interference at the NPA, was expected to hear a recording, which could implicate Jiba in a plan to dig up dirt against Nxasana that would result in him being ousted from his position as the NDPP. 

Nxasana earlier claimed that Jiba was promised that she would become an NDPP "either in an acting or permanent position". 

Ngalwana questioned the timing of Nxasana's evidence as it comes shortly after President Cyril Ramaphosa having relieved Jiba of her duties at the NPA following an inquiry chaired by former Constitutional Court Judge Yvonne Mokgoro, which found that she was not fit to hold office. 

Commission head Deputy Chief Justice Raymond Zondo quickly clarified that Nxasana was on a list of witnesses called to the commission, as per his instruction. 

"The timing was imposed on the witness as per your [Zondo's] instruction, it was not his choice," evidence leader advocate Paul Pretorius said. 

As a result, Zondo ruled that in the interest of fairness, Nxasana could only give evidence that related to matters that were already in the public domain or have already been dealt with in a court of law. 

Any evidence that falls out of these parameters will be dealt with at a later stage. 

The inquiry continues.

We live in a world where facts and fiction get blurred
In times of uncertainty you need journalism you can trust. For only R75 per month, you have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Journalism strengthens democracy. Invest in the future today.
Subscribe to News24
Lockdown For
DAYS
HRS
MINS
Voting Booth
Matric results are out! Are you happy with your child's result?
Please select an option Oops! Something went wrong, please try again later.
Results
No, the pandemic really messed up their ability to focus
34% - 150 votes
Yes, they did well given the circumstances
66% - 290 votes
Vote
Rand - Dollar
15.10
+0.9%
Rand - Pound
20.46
-0.0%
Rand - Euro
17.13
-0.0%
Rand - Aus dollar
10.85
-0.0%
Rand - Yen
0.13
-0.0%
Gold
1,834.71
0.0%
Silver
24.29
0.0%
Palladium
2,111.50
0.0%
Platinum
1,034.00
0.0%
Brent Crude
87.89
-0.6%
Top 40
68,186
-2.1%
All Share
74,835
-1.9%
Resource 10
74,924
-3.0%
Industrial 25
94,147
-1.8%
Financial 15
15,076
-0.2%
All JSE data delayed by at least 15 minutes Iress logo
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE