Analysis: Spectre of Zuma looms large over Jiba and Mrwebi’s conduct at NPA

While the name of former President Jacob Zuma appears “only” 23 times in the Mokgoro report into the conduct of National Prosecuting Authority leaders Nomgcobo Jiba and Lawrence Mrwebi , it is impossible to read the report without wondering to what extent Zuma was complicit in the erosion of the NPA’s independence.

To try and answer this question the first thing to note is that it was former President Jacob Zuma who appointed both Jiba and Mrwebi into the positions they held when President Cyril Ramaphosa decided to fire them in accordance with the recommendations of the Mokgoro panel. This was at a time when Zuma was embroiled in a fight to prevent the NPA from reinstating corruption charges against him.

Just after Zuma appointed Jiba as DNDPP, the former President had pardoned Jiba’s husband Sikhumbuzo Booker Nhantsi, who was serving a five-year prison sentence for stealing R193 000 of estate money while practising as an attorney. The Minister of Justice had recommended to Zuma that the request for a pardon be refused.

At the very least, the way Jiba dealt with this case creates a strong suspicion that Zuma had “bribed” Jiba by pardoning her husband with the hope that the NPA would try to prevent or delay the handing over of the spy tapes to the litigants who wanted the dropping of charges against Zuma set aside. It may be a complete co-incidence that Jiba compromised the independence of the NPA in the very case involving the investigation of vast corruption in which the business partner of Edward Zuma was allegedly involved. But this would be a rather unlikely coincidence. I, for one, am not convinced that Jiba’s behaviour in the Booysen matter is unrelated to Jacob Zuma.

But there is, as to be expected, also a possible link between the dropping of charges against Mdluli and the interests of Jacob Zuma. Richard Mdluli happens to be the person who provided Jacob Zuma and his team with the spy tapes that was used as the excuse for the unlawful dropping of charges against Zuma. Whether Mdluli provided any incriminating information about anyone involved in the decision to drop the Zuma charges is unknown.

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