Suspended NPA official, Advocate Nomgcobo Jiba, gives evidence before the Mokgoro Commission of Inquiry into her fitness to hold office. Picture: Oupa Mokoena/African News Agency (ANA)

Pretoria - Suspended deputy National Director of Public Prosecutions (NDPP), advocate Nomgcobo Jiba on Monday told the Mokgoro inquiry that she did not find it necessary to review advocate Lawrence Mrwebi's decision to withdraw corruption charges against former crime Intelligence boss Richard Mdluli.

This despite claims from other prosecutors that the case was shut down to protect Mdluli, who was fingered in a graft probe.

Jiba said former prosecutor Glynnis Breytenbach's memorandum on Mdluli's case was unprecedented and as acting NDPP, she held discretion on what to consider. 

She made her remarks at the Mokgoro inquiry which is looking into anomalies raised on her and Mrwebi's conduct in several court cases, including the withdrawal of charges against Mdluli. The inquiry is probing the fitness of Jiba and Mrwebi to hold office.

During cross-examination on Monday, Jiba was questioned by evidence leader Nazreen Bawa about her reasons for suspending Breytenbach. She was asked if she was familiar with details around the matter.

Jiba said she wasn't aware. 

"But you made the decision to suspend her," pressed Bawa.

"Yes, based on the recommendation by advocate Mrwebi," Jiba responded.

Even though the decision to charge Booysen with racketeering was scorned by a Durban High Court judge, Jiba continued to defend herself saying there was nothing unlawful about her decision.

She explained that Booysen's control over the Cato Manor serious and violent crime unit made him the manager of an enterprise which informed her decision to authorise the charges against him.

“He cannot say he did not know, this was not just the first killing. The pattern of these police officials when they do enforce the law in terms of bringing the suspects before the courts are not what is expected from the South African Police Service," Jiba said.

Jiba said she remains convinced that there was a case against Booysen: "When the matter was presented, there is no way that they could have brought all of the dockets before me".

The hearing was postponed to Wednesday.

African News Agency (ANA)