NPA inquiry: Prosecutor's evidence under spotlight as Jiba seeks to have it thrown out

Evidence leaders at the Mokgoro inquiry as well as Nomgcobo Jiba’s legal team are expected to hand in arguments on whether a testimony by senior prosecutor Jan Ferreira will impact Jiba’s rights to a fair trial.

Handing down her ruling at the inquiry on Wednesday, former constitutional court justice Yvonne Mokgoro ordered both parties to submit brief heads of argument to her panel by Thursday morning. The arguments should detail how, among others, Jiba’s right to a fair trial will be impacted should Ferreira’s testimony continue.

Mokgoro also wants confirmation on whether the National Prosecuting Authority has made a decision to prosecute Jiba on charges of fraud and perjury.

The ruling comes after lawyers representing the suspended deputy national director of public prosecutions argued that parts of Ferreira’s testimony should be disallowed.

The inquiry focuses on Jiba’s, and her colleague Lawrence Mrwebi’s, fitness to hold office. Advocate Thabani Masuku, representing Jiba on Wednesday, argued that Jiba may be prejudiced if Ferreira is appointed as a prosecutor should the NPA decide to re-enroll charges against her.

In 2015, Ferreira drafted a legal opinion advising then NPA boss Shaun Abrahams that a case against Jiba was sound in law, further arguing that Jiba committed perjury when she said she gave consideration to all available evidence when authorising racketeering charges against former Hawks boss Johan Booysen.

The inquiry will adjourn until Thursday when Mokgoro and her team are expected to review both submissions and come to a final decision on Ferreira’s testimony.