Mokgoro Inquiry Report: Jiba and Mrwebi not fit and proper to hold office at NPA, report recommends dismissal By Nkateko Mabasa Nkateko_Azania
The Mokgoro Inquiry, led by retired Constitutional Court Justice, Yvonne Mokgoro, has found that the suspended Deputy National Director of Public Prosecution , Nomgcobo Jiba and the Special Director of Public Prosecution , Lawrence Mrwebi, are not “fit and proper” to hold office in the NPA.
According to the panel, Jiba “failed to explain the exact process that had been followed” in the Booysen prosecution and “her approach to the litigation was misleading” and therefore “undermined the principles of a high standard of professional ethics, accountability and transparency”. And although the Supreme Court of Appeals had previously found that “she was not bound to follow the advice contained in the memorandum” on appeal in the case brought against her by the General Council of the Bar , she was required, however, “to have a rational explanation as to why she opted not to consider the memorandum at all”, says the report.
Regarding Mrwebi, the Mokgoro Inquiry found that in his capacity as Special Director of Public Prosecutions , his “conduct was openly at variance” with what is expected of a person in his position. The report notes that he soon after took a decision to withdraw the charges by 5 December without consulting with Mzinyathi.He acted contrary to the provisions of the NPA Act” which requires him to reach a consensus with Mzinyathi on whether to drop the charges, says the report.
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