JOHANNESBURG – The commission of inquiry led by retired Constitutional Court Justice Yvonne Mokgoro into the fitness to hold office of Advocates Nomgcobo Jiba and Lawrence Mrwebi has recommended the axing of the suspended senior National Prosecuting Authority prosecutors.
The Mokgoro Inquiry found that they were not fit and proper to hold their respective offices because they lacked “complete honesty, reliability and integrity” as advocates. President Cyril Ramaphosa has received the report from the Mokgoro Inquiry and has yet to make a decision on its submissions and recommendations made by its panel.
"The NPA must instil a strong sense of constitutional values and belief in the rule of law. When these values are internalised and fought for vociferously from within the NPA, only then will the institution enjoy the confidence of the citizenry and become the prosecuting authority that South Africans deserve.
"The procedure followed in authorising the prosecution against Booysen, considering that she had herself initiated the prosecution process, was found to have been irrational and was set aside. In her capacity as acting NDPP, she failed to properly exercise her discretion in authorising the proceedings. We make this finding without any suggestion as to the guilt or innocence of Booysen."
"The inconsistencies in the reasons she gave for establishing a national prosecuting team indicates that she acted with favour and with prejudice to the NPA." "The series of Jiba’s decisions taken in her capacity as ANDPP [Acting National Director of Public Prosecutions], which were all set aside on review, the comments and criticisms leveled against her by the courts have brought the NPA into disrepute.
"Mrwebi gave contradictory versions when seeking to explain what was meant by the phrase 'in consultation with', Mrwebi showed himself to lack an understanding of the law and the legal process."
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