The inquiry into the fitness of two top National Prosecuting Authority (NPA) officials to hold office starts on Monday, less than two weeks before advocate Shamila Batohi takes up her position as national director of public prosecutions (NDPP).
Batohi’s appointment is seen as critical to restoring the integrity of the NPA, as well as the inquiry into suspended deputy NDPP Nomgcobo Jiba and suspended special director of public prosecutions Lawrence Mrwebi’s fitness to hold office.
Batohi will take up her position as the sixth NDPP on February 1, following her appointment in December. Her appointment was the first to be made in a transparent interview process, after the position became vacant a few months earlier.
Following years of allegations of improper conduct and political influence over their jobs, President Cyril Ramaphosa suspended Jiba and Mrwebi in October, pending the inquiry into their fitness to hold office.
Silas Ramaite, the acting head of the NPA, will be the first witness to take the stand, according to Bongiwe Gambu, spokesperson for the inquiry.
He will be followed by advocate Chris Jordaan SC, a former head of the Specialised Commercial Crime Unit.
The inquiry starts a day after the Sunday Times revealed that Angelo Agrizzi, former COO of facilities management company Bosasa, would allege before the Zondo commission of inquiry into state capture that both Jiba and Mrwebi are among the people who were bribed by Bosasa.
According to the newspaper, Bosasa paid Jiba a monthly cash retainer of R100,000 while Mrwebi was paid R10,000 a month. This was in exchange for them squashing a criminal case of corruption against the company and its executives involving former correctional services boss Linda Mti.
Both deny the allegations.
The fitness to hold office inquiry will be headed by retired justice Yvonne Mokgoro, who has four months from its commencement to complete the work, according to the terms of reference. Jiba and Mrwebi were both struck off the roll of advocates in 2016, which specifically related to how they had dealt with the prosecution of former crime intelligence boss Richard Mdluli.
The decision to strike them from the roll was, however, overturned by a majority judgment of the Supreme Court of Appeal in 2018, which paved the way for the pair to resume their positions at the NPA.
Shortly afterwards Ramaphosa suspended them and ordered an inquiry into their fitness for office. Ramaphosa made it clear in his inaugural state of the nation address in 2018, that he would deal with the NPA’s "leadership issues" to ensure it was "stabilised and able to perform its mandate unhindered".
The inquiry will, among others, deal with adverse comments made in court judgments which related to the Mdluli matter, while Jiba’s conduct in the prosecution of former KwaZulu-Natal Hawks head Johan Booysen will specifically be dealt with, according to the terms of reference of the enquiry which was gazetted in November 2018.
The General Council of the Bar has applied to the Constitutional Court for leave to appeal the Supreme Court of Appeal judgment which placed them back on the roll of advocates.
This matter will now be heard in March when the apex court will hear arguments which will lead to the final decision on the matter.
Correction: January 21 2019
An earlier version of this article incorrectly stated that the Constitutional Court hearing would take place in February. The correct date for the hearing is March.
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