Centurion - The fate of embattled deputy National Director of Public Prosecutions (NDPP), Adv Nomgcobo Jiba, is now wholly dependent on the decision of Judge Yvonne Mokgoro following her application to the Mokgoro inquiry to expunge the damning affidavit of former Bosasa boss Angelo Agrizzi against her.
Jiba made the application after Agrizzi made a last minute withdrawal to recuse himself from testifying against Jiba and Adv Lawrence Mrwebi.
Jiba and Mrwebi are the subject of a probe on their fitness to hold office in the NPA - in an inquiry which is led by retired Constitutional Court Judge Yvonne Mokgoro.
Two weeks ago, Jiba and Mrwebi were furnished with Agrizzi’s affidavit which he presented to the Zondo Commission probing state capture and headed by deputy Chief Justice Raymond Zondo.
In his affidavit, Agrizzi claimed that Bosasa paid Jiba and Mrwebi R100 000 and R10 000 respectively to assist them by providing them with any important information on criminal investigations against them Bosasa and its top management.
Agrizzi confessed that their actions were prompted by the fact that Bosasa had paid millions in bribes to secure lucrative tenders from various government departments - R1.6 billion alone tenders from Correctional Services.
Agrizzi was due to testify before the Mokgoro inquiry on Friday but withdrew on Wednesday through a letter his legal representatives addressed to Judge Mokgoro.
In his letter, Agrizzi’s legal representatives said: “In this regard, we have been advised that in relation to the rules of your inquiry, our client could possibly incriminate himself in giving any evidence, either in chief or in cross examination.
“In view of the pending serious criminal charges against our client and in order to fully protect our client’s Constitutional Rights in terms of Section 35 of the Constitution of the Republic of South Africa Act No. 108 of 1996, our client will unfortunately not be in a position to give evidence at the Mokgoro inquiry.
“ We wish to state that should our client’s position change in relation to the pending criminal charges against him, we will immediately contact your evidence leader”.
But Jiba through his legal counsel, Zola Majavu pleaded with the Mokgoro inquiry to ignore the affidavit of Agrizzi due to his last minute withdrawal.
Majavu said his client was ready to rebut the allegations contained in Agrizzi’s affidavit but his failure to testify and be cross examined would negatively affect Jiba.
Judge Mokgoro reserved judgment on the application.