Tuesday , July 27 2021

Mokgoro Report: When will Ramaphosa work?



The deadline for President Cyril Ramaphos's decision to decide whether to trigger or terminate criminal bosses Nomgcobo Jiba and Lawrence Mrwebi passed at midnight on Thursday night without the presidency to indicate what Ramaphos planned.

Ramaphos had until 00:00 o'clock, April 26, to act on a recommendation from the Mogorro's committee of inquiry, which had to "remove" Jiba and Murwei.

Jiba, a former National Prosecutor Director and Murvey, a former head of the Specialized Criminal Intelligence Unit, was interrupted in October last year, giving Ramaphos six months to resolve his fate by a Constitutional Court ruling.

Mokgoro's report, which expired on Wednesday evening, deals with critical questions about the suitability of Jiba and Mrwebi for an office that has not been answered for most of a decade.

From the gross neglect of the rule of law to dishonesty and border perjury, the report is a lesson on how not to be a senior prosecutor.

Court cases

The panel, consisting of retired Judge of the Constitutional Court Yvonne Mokgoro, lawyer Kgomotso Moroka SC and Thenjiwe Vilakazi, had a broad mandate. Readers of the report, who have been following the NPA crisis over the years, will remain with some questions about what has happened.

The scope of the issues covered by the group included several lengthy, detailed court cases related to the couple, including the cases of spy bands and various attempts to be rejected by lawyers.

The enormous record included 5,214 files contained in the Dropbox folder used by all parties – some of these files contained whole records, according to the panel.

Ramaphos suspended Mrwebi and Jiba in October 2018, awaiting the outcome of the investigation of their fitness for a job. This followed "serious criticism" by Jiba and Mrwebi in the courts and "in other forums," according to Mokgoro.

The report was handed over to Ramaphos on 31 March 2019 and expired in the media a day before Ramaphos's April deadline, in which he had to decide the fate of Jiba and Murvebi.

data

In the report, Mokgoro does not like the words.

Some key findings of Mokgoro vs. Jiba and Mrwebi are:

– Jiba has not complied with the correct legal provisions when considering the accusation by Johan Booysen;

– Jiba has failed to comply with the court orders, deadlines and directives set by the courts in a competent and timely manner;

– Jiba has failed to show the necessary competence and capacity to carry out his duties.

Meanwhile, Murvey was not only found to have acted in a way that has led to poor reputation of the NPA and in contradiction with politics, but he was even dishonest with the investigation in his attempt to answer questions.

"Mrwebi's behavior is incompatible with the duty imposed by the Prosecution Policy Directives, which requires prosecutors to act in a balanced and honest manner. The Code of Conduct for Prosecutors requires prosecutors to be persons whose conduct is objective, honest and sincere, "the report said.

In addition, Mrwebi also shows "a lack of understanding of the law and legal processes associated with it [Richard] Judicial prosecution of Mdluli.

While the issues covered by the report cover a large number of decisions taken by Jiba and Murwei, the essence of the issue is limited to three key issues: Richard Mulley, Johan Boyson, and the spy strips.

The question with Modley

Murvebi's role in Mdluli is at the heart of questions about his suitability and competence.

Mokgoro found that Mrwebi's decision to withdraw the charges against Mdluli, a former head of criminal intelligence, was irrational and illegal.

"The way he withdrew the accusations of Mdulley and his statements before the courts in connection with them has provoked a heavy criticism of court, and the finding that he was found guilty of misconduct was so heavy," the report said.

READ: Mugghoro's Investigation: How were accusations against Mdulli

Meanwhile, Jiba has failed to exercise its discretion as a properly operating NDPP by failing to consider a 26-page note outlining the reasons why Mrwebi's withdrawal from the charges against Mdluli was controversial.

The Booysen case

Jiba's behavior in approving racketeering charges against former Quashu-Natal Johan Boyson's chief "allowed NPA independence to be compromised."

Mokgoro found that the violation of the procedures for initiating the prosecution and the appointment of a case review team was irregular.

Jiba's behavior "has led to a serious deterioration in public trust in the NPA."

Spy tapes

Djibah's involvement in the scandalous spy case was born in polemics.

From the very beginning, Jibba was not only tainted by the perception of bias, endangering the case, but she was unable to help the courts deal with the complex issue, the panel found.

The Mokgoro report notes that when the question of spy tapes is heard in court, Jiba's husband has applied for presidential pardon – a request that former President Jacob Zuma will eventually provide – for legal advice.

Jiba continues to argue that NPA is accompanying the case by virtue of the fact that there is a copy of Spy Tapes to which DA requests access.

This is part of the wider application by the prosecutor of the decision not to prosecute the Zuma for alleged crimes committed in the arms control scandal under judicial control.

VIEW: SCA is making Sama's Zuma spy strips

Part of the reason why Zuma was not being persecuted is the emergence of "spy tapes" that have been plotting Scorpions to use political considerations when deciding when to charge the former president.

As acting NPA leader, the courts and the panel disputed her behavior. This includes an affidavit submitted by Jiba, which the Supreme Court of Appeal (SAC) said was "summary, rumor and almost meaningless …"

Moreover, in deciding that the NPA should not take a position on whether to turn Spy Tapes into its position, SCA found that NPA and subsequently Jiba showed a "lack of interest in assistance". of the courts.

criticism

Said Mugghoro: "This criticism of the NAPP cabinet leads to the inevitable conclusion that it is just as critical to Jiba, who was at the head of the Cabinet at that time as acting NPR.

"The choice of a leader to lead or to lead is still equal to a choice made by this leader and one that the leader is responsible for." The criticism is exacerbated by the fact that she was removed from the oath statement, insignificant for the consequences of the order and what was expected of her office.

Mrwebi and Jiba, through her lawyers, declined to comment on Thursday. The Presidency did not respond to several requests for comments on Thursday afternoon. NPA can not be reached for comment on Thursday afternoon.

The report welcomes

Former NPA prosecutor appointed for the Medley case and now YN MP Glinnis Breitenbach welcomed the recommendation of the group to remove Jiba and Murwei, saying, "It's time."

"The Justice of Mogorro has done a magnificent job by summing up how low Jibba and Murvey are leaning and how they have allowed the scale of state capture by allowing people to work in a space free from consequences, knowing that they will have no consequences " she said.

Craig Watt-Pringle, Chairman of the General Council of the Bar, said: "I can say that, given the importance of the right of the public to rely entirely on the integrity of the NPA, I welcome the publication of the report, and I look forward to the presidential decision, such a statement that the two NPA officials involved have decided to do. "

– Further reporting by Azarrah Karrim and Jeanette Chabalala

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