Suspended deputy NDPP Advocate Nomgcobo Jiba at the Mokgoro inquiry in Centurion. Picture: Oupa Mokoena/African News Agency(ANA)

PRETORIA - The Mokgoro inquiry into the fitness of top two advocates to hold office, heard that one of the advocates in question, Nomgcobo Jiba was under pressure to prosecute former KwaZulu-Natal Hawks boss Johan Booysen for racketeering "without evidence".

Advocate Jan Ferreira made his submissions on Friday at the Mokgoro inquiry which was instituted by President Cyril Ramaphosa to probe Jiba and Lawrence Mrwebi's fitness to hold office.

During cross-examination by Advocate Thabani Masuku, Ferreira told him that he was of the opinion that Jiba was under pressure to prosecute Booysen.

Ferreira said he was informed of this by the former KZN Director of Public Prosecutions (DPP) Simphiwe Mlotshwa, who told him Jiba called him and tried to make him sign an indictment but he refused. 

He also told the commission not all the four affidavits that Jiba relied on to directly implicate Booysen in racketeering were commissioned. Ferreira said the affidavits don't implicate Booysen in any wrongdoing.

Masuku told Ferreira that he has gone beyond providing a legal opinion on whether or not there were perjury charges against Jiba. 

"You almost jumped to the defence of Booysen," he said.

"There is no evidence linking Booysen to the scene, he only arrived after the shooting happen. This is very important," replied Ferreira.

Jiba's decision to charge Booysen was scorned at by a Durban High Court judge.

Judge Trevor Gorven threw out the charges against Booysen, who was suspended at the time. The judge went on to describe Jiba’s decision to charge Booysen as “arbitrary, [and] offend the principle of legality and, therefore, the rule of law and were unconstitutional”, for which she was then criminally charged.

In his judgment, Gorven agreed with Booysen’s assertion that had Jiba lied about having certain statements before her when she decided to prosecute him, and could therefore not have used them to make her decision.

Booysen had been accused of running a criminal enterprise consisting of members of the former Cato Manor Organised Crime Unit that he headed at the time.

The hearings will continue on Tuesday.

African News Agency (ANA)