Terminated deputy national prosecutor Nomgcobo Jiba is under pressure to persecute Johan Boysen, a former Hawk chief at Kwazulu-Natal, for racketeering, although there is no evidence against him.
This was made clear on Friday by senior prosecutor Jan Ferreira before the investigation in Mogorro, headed by a retired Constitutional Court judge, Yvonne Moggoro.
Mokgoro's investigation looks at Jiba and the special prosecutor's office, Lawrence Mrwebi, on eligibility to take office.
Ferreira told the investigation that then the acting director of the Kwazul-Natal Prosecutor's Office, Simfei Malczva, said in a sworn statement that he had received a telephone conversation from Jiba, who said "there is a case and pressure must be immediately recorded".
"He later received a charge and asked him to sign [it]"He refused to sign the indictment without a protocol from the prosecutor's office," Ferreira said.
Ferreira said that when he wrote his legal opinion, which was given to the then National Prosecutor Director, Sean Abraham, there is "no evidence against General Boyessen."
"It was quite clear because you would not find Booysen on one of the scenes during the filming," he said.
READ: Mdluli is "protected from prosecution," Mokgoro investigates hearing
Jiba's attorney, lawyer Thabani Masuku, SC, said Ferreira "has gone far beyond simply providing a legal opinion on whether there are accusations of perjury – you are almost committed to General Booysen's protection."
Ferreira replied, "No, I do not think I went to his defense, but what I had to do is figure out what the case is against lawyer Jiba."
Masuku also asked Ferreira whether he believes that Jiba is under political pressure for the prosecution to continue.
The application for the annulment of the complaint
"I do not know what the pressure is, because she was a telephone conversation with Simffe Mlotshwa and talked about the pressure she had on her to record the case.
"But on the police side I know that there [were] the police who wanted to get rid of Booysen, "Ferreira said.
In August 2015, Abraham withdrew the accusations of false witness and fraud against Jiba.
However, in 2017 the Gauteng Supreme Court in Pretoria overturned the decision to withdraw the charges.
The National Prosecutor's Office withdrew its request for permission to appeal the Supreme Court ruling, which abrogated Abraham's decision.
On Thursday, the investigation found that the Northwest Prosecutor's Office had refused to convict Jiba of the charges.
The claim was made by Jiba's lawyer, Zola Majavu. But he said he did not get official confirmation.
READ: DECLARE TO THE PROJECT: Mogorro's Investigation Hears of an Informal Decision of Jiba
In a letter seen by News24, which was received in packets delivered to reporters during the investigation, lawyer JJ Smith stated that the former NDPP Abrahams had transferred the matter to him on August 7, 2018, and told him to deal with this " as you think fit, "
"I suppose he intended to investigate the case and consider whether to reinstate criminal prosecution against attorney-at-law, considering the context of the matter," Smith said.
"I really examined the minutes and made the following decision: There is no prima facie case against lawyer N Jiba on accusations of fraud and perjury.
The decision was taken in August last year.
The investigation will continue next week.
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