Controversial former acting National Director of Public Prosecutions (NDPP) Nomgcobo Jiba scored a temporary victory at the state capture inquiry when she stopped ex-NDPP Mxolisi Nxasana from giving new evidence implicating her.
The decision follows Jiba’s advocate Vuyani Ngalwana complaining that his client only discovered that Nxasana would implicate her during Wednesday’s hearing.
Ngalwana told Deputy Chief Justice Raymond Zondo, who is chairing the commission of inquiry into state capture, that Nxasana can proceed with his evidence but not implicate Jiba and other parties who have not been given notices as its rules require.
”Any allegation made in the commission is taken by society as the truth,” said Ngalwana, adding that by the time Jiba presents her version it may be too late.
In April, President Cyril Ramaphosa fired Jiba as deputy NDPP in April alongside former special director of public prosecutions and ex-specialised commercial crime unit head Lawrence Mrwebi after the inquiry into their fitness to hold office chaired by Retired Constitutional Court Justice Yvonne Mokgoro.
Both Jiba and Mrwebi were dismissed by Ramaphosa after being found to be unfit to hold office but the decision still needs to be considered by the National Assembly.
Ngalwana said as the matter still needs to be considered by the National Assembly there was fear that any evidence given without prior notice to Jiba may cloud the legislature’s consideration.
He suggested that Nxasana subtract any evidence that implicates Jiba.
Justice Zondo said Nxasana’s evidence was not timed by anybody to coincide with anything.
”I gave direction that Mr. Nxasana be called to give evidence,” he said.
Evidence leader Paul Pretorius insisted that the principle that must be sacrosanct is that witnesses must believe they are free to give evidence whatever the consequences and whoever is implicated.
Justice Zondo assured Ngalwana’s client and other implicated persons that they will be dealt with fairly and that the commission’s findings will be made on the basis of evidence led.
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