Jiba can return to NPA after court finds misconduct 'not established' [UPDATE] Nomgcobo Jiba, Lawrence Mrwebi must go, says Yvonne Mokgoro

surface

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The cross examination

As a layman, it seems to me that Arendse is no where close to Ms Breytenbach. He keeps on saying it is the law about all the judgements. And he seems to think that if it is in media, it is confirmation of law position?
e.g.
@ 1:03:03, Arendse says, it is the majority view so there is no difficulty that it is the law. She corrects him that it is the current position. And then he says if one reads up in the media, one would believe that such is the case. She says I am not sure which media he is referring to. He stumbles with 'ok..the..the..the.. and ma'm - before we go on can we take a comfort break? :ROFL::ROFL::ROFL:
 
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schumi

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Mokgoro inquiry: How charges were dropped against Mdluli

"Colleagues, I presume you are here to test my powers."
These were the words suspended special director of public prosecutions Lawrence Mrwebi told former prosecutor Glynnis Breytenbach when she tried to convince him to withdraw charges against former Crime Intelligence boss Richard Mdluli.
Breytenbach revealed this when she testified at the Mokgoro inquiry, which is looking into Mrwebi's fitness to hold office and that of suspended deputy prosecutions boss Nomgcobo Jiba.
Mdluli was facing charges of fraud, theft and corruption for allegedly pillaging the Crime Intelligence slush fund.
Breytenbach testified that in November 2017, Mdluli's attorneys delivered handwritten representations directly to Mrwebi, even though he was not yet the head of the Specialised Commercial Crimes Unit (SCCU) within the National Prosecuting Authority (NPA).
More at: https://www.news24.com/SouthAfrica/News/mokgoro-inquiry-how-charges-were-dropped-against-mdluli-20190129
 

Sneeky

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As a layman, it seems to me that Arendse is no where close to Ms Breytenbach. He keeps on saying it is the law about all the judgements. And he seems to think that if it is in media, it is confirmation of law position?
e.g.
@ 1:03:03, Arendse says, it is the majority view so there is no difficulty that it is the law. She corrects him that it is the current position. And then he says if one reads up in the media, one would believe that such is the case. She says I am not sure which media he is referring to. He stumbles with 'ok..the..the..the.. and ma'm - before we go on can we take a comfort break? :ROFL::ROFL::ROFL:
I watched the whole cross examination and as a layman as well GB was rock solid in all of her responses and really did not give an inch.
While a lot of what was presented by GB and the evidence leader is not new, as it has been in the press for years, Jiba and Mrwebi advocates accomplished little or nothing to discredit GB or what was presented.
 

Gordon_R

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https://www.news24.com/SouthAfrica/News/agrizzi-asked-to-testify-at-inquiry-into-jibas-fitness-to-hold-office-20190130

A letter has been delivered to former Bosasa COO Angelo Agrizzi requesting his presence at the Mokgoro inquiry, it emerged on Wednesday

This follows Agrizzi's testimony at the Zondo commission of inquiry into state capture that suspended deputy prosecutions boss Nomgcobo Jiba accepted bribes and blocked prosecutions.

The Mokgoro inquiry has been tasked with establishing whether Jiba and suspended special director of public prosecutions Lawrence Mrwebi are fit for office.

Its evidence leader, Nazreen Bawa, told the inquiry that transcripts of Agrizzi's Zondo commission testimony had also been received.
 

Gordon_R

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That will be interesting to see
That's why I thought Breytenbach's testimony is powerful, but not a knockout-blow.

Prima facie evidence of bribery and corruption is career terminating for an attorney.
 

Sneeky

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So many commissions on the go,hard to keep up these days with all the rot.
The PIC one had some shattering revelations for PIC/Surve today as well.
 

schumi

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Mokgoro inquiry: No one willing to sign Breytenbach's suspension letter

Initially no one wanted to sign the letter in terms of which former state prosecutor Glynnis Breytenbach was suspended, the Mokgoro inquiry heard on Wednesday.
This was according to former National Prosecuting Authority (NPA) CEO Karen van Rensburg, who testified at the inquiry which has been tasked with establishing whether suspended deputy prosecutions boss Nomgcobo Jiba and suspended special director of public prosecutions Lawrence Mrwebi are fit for office.
The NPA received a complaint about Breytenbach relating to mining company Imperial Crown Trading and rival miner Kumba Iron Ore – which were involved in a case she was working on in 2011.
Van Rensburg got involved in the matter when North Gauteng Director of Public Prosecutions Sibongile Mzinyathi requested that she sit in on a meeting where Breytenbach was informed of the complaint.
Van Rensburg also said that she was told to brief Jiba about the matter, who was the Acting National Director of Public Prosecutions (NDPP) in January 2012.
"Initially, she was not very interested and indicated it would be discussed later," Van Rensburg said.
More at: https://www.news24.com/SouthAfrica/News/mokgoro-inquiry-no-one-willing-to-sign-breytenbachs-suspension-letter-20190130
 

Gordon_R

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https://www.news24.com/SouthAfrica/News/jiba-first-seen-as-breath-of-fresh-air-until-the-booysen-matter-hofmeyr-20190131

When now-suspended advocate Nomgcobo Jiba was appointed acting National Director of Public Prosecutions (NDPP) in December 2011 it was a "breath of fresh air", according to Willie Hofmeyr.

The deputy National Director of Public Prosecutions was testifying at the Mokgoro inquiry on Thursday, which is looking into the fitness of Jiba and suspended special director of public prosecutions Lawrence Mrwebi to hold office.
"A very concerning development trend that emerged under Jiba, and was almost insitutionalised by [Shaun] Abrahams, was to prosecute those who were perceived as obstacles to corruption and the capture of the state," Hofmeyr said in an affidavit.
"I submit that the charges laid against Booysen was an attempt to remove him from office, or at least ensure that more pliable acting head would be appointed in his place who would close down the investigations," Hofmeyr said.

"I think it relates to her, because it became clear that there were controversial decisions taken at the time. She was starting to play political games," he added.
Hofmeyr further believes that Jiba’s refusal to cooperate with the retired Constitutional Court Justice Zak Yacoob's inquiry may also amount to insubordination.

In 2014, City Press reported that Yacoob had recommended a full judicial commission of inquiry to investigate the rot at the top levels of the NPA.
 

Gordon_R

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https://www.news24.com/SouthAfrica/News/mokgoro-inquiry-mrwebi-and-jiba-allegedly-assisted-in-arrest-of-gerrie-nel-to-delay-selebi-prosecution-20190131

Two of South Africa's most senior prosecutors, who have been suspended while their fitness to hold office is investigated, allegedly assisted in the arrest of advocate Gerrie Nel in 2008.

This was allegedly to delay the prosecution of former national police commissioner Jackie Selebi, the Mokgoro inquiry heard on Thursday.

"Their conduct in assisting the police to arrest Nel also put them in direct conflict with the obligations of a prosecutor to act impartially, which requires that they do not become personally involved in the matter," Deputy NDPP Willie Hofmeyr said in an affidavit.
He said Selebi filed an application for a permanent stay of prosecution while Nel was under arrest.

"One can only surmise that the strategy was to ensure that Nel would be in custody and not available to assist with drafting and opposing the application," Hofmeyr said.
Nel led the team that successfully prosecuted Jiba's husband, former lawyer Booker Nhantsi, for the misappropriation of trust funds at a law firm.

Nhantsi was later pardoned by former president Jacob Zuma.
 

Gordon_R

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https://www.news24.com/SouthAfrica/News/mokgoro-inquiry-jiba-wanted-prosecutor-to-sign-cato-manor-indictment-without-evidence-attached-20190201

Former acting National Director of Public Prosecutions, Nomgcobo Jiba, wanted prosecutor Simphiwe Mlotshwa to sign an indictment in the Cato Manor case, despite not having any of the evidence on hand, the Mokgoro inquiry has heard.
"I told advocate Jiba and advocate Chauke that I was going to sign the indictment only if it was accompanied by the prosecutor's memo or report detailing evidence implicating each accused as individuals and the evidence implicating all of the accused as a collective," Mlotshwa said.
He also testified that inquests into the Cato Manor case found that no one should be held responsible and that galvanised him to not sign the indictment.
Fit and proper? Yeah, right...
 

Sneeky

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Can't wait for Booysen to have his say, I thought he was originally scheduled for today, what happened?
 

Gordon_R

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Can't wait for Booysen to have his say, I thought he was originally scheduled for today, what happened?
There's a bit of a backlog:

Hofmeyr's cross-examination will continue on Monday.

Colonel Kobus Roelofse and advocate Simphiwe Mlotshwa are expected to testify on Friday.
IMO she's toast. Its just a question of whether she goes to prison, or gets disbarred from being an advocate...
 

Sneeky

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Thx Gordon.

Booysen won't hold back as Jiba pursued him relentlessly. Jacques Pauw was on the radio early last year and provided some limited detail and the skulduggery of the NPA on this matter was pretty epic.
 

Sneeky

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As important as the Zondo commission is on State Capture, this Mokgoro one dealing with Jiba and Mrwebi is vastly more important imho as it deals with the institution that is supposed to be doing the prosecuting.

The blatant failure, or capture, of the NPA enables all the rest to just loot and pillage to their hearts content, with no fear of any punitive consequences.

Frankly if Snake and Snail come out of this unscathed, the Zondo commission is just hot air, as it will be same old same old all over again.
 

Gordon_R

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Thx Gordon.

Booysen won't hold back as Jiba pursued him relentlessly. Jacques Pauw was on the radio early last year and provided some limited detail and the skulduggery of the NPA on this matter was pretty epic.
I didn't quote the Booysen allegations from the previous link: https://www.news24.com/SouthAfrica/News/mokgoro-inquiry-jiba-wanted-prosecutor-to-sign-cato-manor-indictment-without-evidence-attached-20190201

IMO its never a good idea to get too personal with testimony, and the whole "he-said she-said" thing is way too complicated (and politicised) in the Cato Manor saga. The calm and objective evidence from Mlotshwa is more appropriate IMO.
 

schumi

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Mokgoro inquiry: Jiba denies flying to Durban with Mdluli to meet with 'someone from ANC'

The Mokgoro inquiry has heard that the then-Acting Director of Public Prosecutions (NDPP) Nomgcobo Jiba and the then-Crime Intelligence Boss Richard Mdluli may have flown together to Durban in 2010, with the tickets paid for by the crime intelligence slush fund, the Secret Service account.
This information is contained in an affidavit by Colonel Kobus Roelofse that has been submitted to the inquiry.
On Friday, Roelofse testified before the inquiry, which has been tasked with establishing whether suspended deputy prosecutions boss Jiba and suspended special director of public prosecutions Lawrence Mrwebi are fit for office.
Roelofse was appointed to investigate Mdluli in 2011.
He told the inquiry that, during his investigations, he was informed that Mdluli's family members had flights paid for by the account.
More at: https://www.news24.com/SouthAfrica/News/mokgoro-inquiry-jiba-denies-flying-to-durban-with-mdluli-to-meet-with-someone-from-anc-20190201
 

Gordon_R

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