Specialised Commercial Crimes Unit head Lawrence Mrwebi and Deputy National Director of Public Prosecutions Nomgcobo Jiba. Pictures: Etienne Creux and Motshwari Mofokeng.

Pretoria - Retired Constitutional Court Judge Yvonne Mokgoro has submitted her final report of her inquiry into the fitness of top National Prosecuting Authority (NPA) prosecutors, advocates Nomgcobo Jiba and Lawrence Mrwebi to President Cyril Ramaphosa.

Ramaphosa appointed Mokgoro in October last year to head the inquiry after several high courts in the country made damning findings against Jiba and Mrwebi relating to their handling of some of the prominent cases. 

One of the matters, involved the withdrawal of criminal charges of former Crime Intelligence boss Brigadier Richard Mdluli in December 2011.

Mdluli was charged in July 2011, for allegedly trading in his personal 7 series BMW for the purchase of two vehicles - a 5 series and 3 series. 

The prosecution alleged in their investigations that Mdluli had allegedly pretended to the car dealer - Atlantis - that the vehicles were to be used for the Crime Intelligence Unit. 

Mrwebi, the Mokgoro inquiry heard, decided to withdraw charges against Mdluli without consulting the investigations team and the lead prosecutor on the matter.

Following Mrwebi’s decision, senior prosecutors in the Pretoria Division including Adv Glynnis Breytenbach wrote a petition to Jiba in April 2012 - who was then acting national director of public prosecutions (NDPP) - to review Mrwebi’s decision.

When Jiba allegedly failed to act on the petition, Freedom Under Law (FUL) lodged a formal application in the High Court in Pretoria to challenge the decision to withdraw charges against Mdluli.

This prompted the court to urge the then president Jacob Zuma to establish a panel to look into the fitness of Jiba and Mrwebi to hold office in the NPA.

Other cases involving the prosecution of former KwaZulu-Natal Hawks boss Brigadier Johan Booysen was added into the probe after Ramaphosa decided to set up the inquiry.

Now, the Mokgoro inquiry spokesperson Bongiwe Gambu on Monday morning confirmed that Judge Mokgoro has submitted her final report to Ramaphosa.

“The Mokgoro inquiry has submitted its report into the fitness of Advocates Jiba and Mrwebi, to hold the offices of Deputy National Director of Public Prosecutions and Special Director of Public Prosecutions respectively.

“This marks the end of the work by the team, following six weeks of hearings that sought to answer important questions relating to the conduct of both advocates as set out in the Terms of Reference of the inquiry,” Gambu said.

She said Mokgoro is expected to meet with Ramaphosa this week for a formal presentation and handover of the report.

Political Bureau