SOUTH AFRICA - PRETORIA - 20 February 2019. Suspended top NPA prosecutor, Advovate Nomgcobo Jiba during the break in the hearing led by retired Constitutional Court Judge Yvonne Mokgoro - who is probing her fitness to hold office in the NPA. Picture: Oupa Mokoena/African News Agency (ANA)

Centurion - Suspended top National Prosecuting Authority (NPA) prosecutor, Adv Nomgcobo Jiba, claims that her legal troubles and “plot” to kick her out of the national prosecuting authority were orchestrated by some of her own colleagues.

Jiba painted this bleak picture about the NPA when she testified before the Mokgoro inquiry about allegations that she was paid a monthly fee of R100 000 to share sensitive information with Bosasa senior managers who were suspects in racketeering investigations conducted by the NPA’s special commercial crime unit (SCCU). 

These allegations surfaced during the testimony of former Bosasa COO, Angelo Agrizzi, before the Zondo Commission probing state capture in the country.

Agrizzi told the commission, headed by deputy Chief Justice Raymond Zondo, last month that Jiba, her personal assistant Jackie Lepinka and Adv Lawrence Mrwebi had each received R100 000; R20 000 and R10 000 respectively  since 2009 for their alleged role in feeding Bosasa managers with sensitive NPA investigations which would allow them to avoid prosecution.

“I want to state it on record. I was never paid a sum of R100 000 by a (Linda) Mti, Agrizzi, (Gavin) Watson and all others at Bosasa. My attorney (Zola Majavu) has already written to Judge Zondo's commission,” Jiba said.

She said she is now prepared to face Agrizzi at the Zondo Commission following his refusal to appear before the Mokgoro inquiry.

Jiba was adamant that she wanted him to appear before the inquiry saying "I wanted to ask him a lot of questions".

Earlier, Jiba also dismissed allegations of improper conduct made by various other NPA officials against her, including former Asset Forfeiture Unit  (AFU) head, Willie Hofmeyr.

In his affidavit, Hofmeyr claimed that Jiba only prioritised the prosecution of all those in government who were opposed to former president Jacob Zuma while he was still in office.

Hofmeyr, in her affidavit, single-out the prosecution of Public Enterprise Minister Pravin Gordhan charged with with fraud and corruption along with former Sars commissioner Oupa Magashula as well as former Sars deputy commissioner Ivan Pillay.

Disputing the claims, Jiba said she was on special leave in 2016 while personally involved in a court to struck her off from the roll of advocates by the General Council of the Bar of SA (GCB).

She also said that she did not make any decision in the prosecution of Ipid boss Robert McBride, former Hawks boss General Anwa Dramat, former Gauteng Hawks boss, General Shadrack Sibiya and others named by Hofmeyr in his affidavit.

“As an acting head NPA, I did not have powers to prosecute or decide on their prosecution. Those decisions were taken by Director of Public Prosecutions (DPP) in the different divisions. I was not involved,” Jiba said.

She, however, remained steadfast on her decision to authorise racketeering charges against  the former KwaZulu-Natal Hawks boss General Johan Booysen. 

Jiba told the inquiry that she made a decision on the evidence presented to her and alleged callous manner in which 28 people were brutally killed by the police. 

One of them, was a taxi boss, Bongani Mkhize, was killed three months after he successfully obtained an interdict in November 2007 against the police not to kill him. Jiba said three months later, Mkhize was killed on February 3, 2008 in a hail of bullets.

She said eight months later, Booysen and other police officers applied for monetary performance awards of R10 000 each for killing members of the KwaMaphumulo Taxi Association which included Mkhize.

Jiba will be cross-examined on Monday.

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