Advocate Nomgcobo Jiba has told the TRC Cases Inquiry that she was never involved in the alleged disappearance of the Cradock Four docket during her tenure as acting National Director of Public Prosecutions.
Image: Itumeleng English / Independent Newspapers
Former deputy National Director of Public Prosecutions (NDPP) advocate Nomgcobo Jiba has told the TRC Cases Inquiry that she did not request the Cradock Four docket, which went missing during her tenure as the acting head of the National Prosecuting Authority (NPA).
Early last month, former senior deputy director of public prosecutions in the Priority Crimes Litigation Unit (PCLU), Adv Raymond Macadam, in his testimony before the commission, suggested that the Cradock Four docket went missing after it was taken into her office.
Expressing her frustration on Wednesday, Jiba remarked on the NPA's lack of responsiveness when she sought a memo to understand the circumstances under which the docket could have gone missing.
She asserted that while Macadam did not directly implicate her, the impression was made that she played a role in the docket's disappearance.
"Chairperson, if you read paragraphs three to five, you can see that Advocate Chris Macadam is linking the fact that I had requested certain information to the docket that apparently went missing. He is making an innuendo that the docket was lost because I had requested it," Jiba testified before the commission, which is chaired by retired Constitutional Justice Sisi Khampepe.
Jiba's tenure as Acting NDPP began following the Supreme Court of Appeal's ruling on December 1, 2011, which overturned Advocate Menzi Simelane's appointment to the position.
She remained in the acting role until August 4, 2013, and previously served as Deputy Director of Public Prosecutions since 2001, becoming Deputy National Director of Public Prosecutions in 2010.
Feeling aggrieved by the allegations that she had requested the Cradock Four docket, she affirmed: "If I wanted the docket, I would have had the right to request it and would have included this request in the letter. The last paragraph of my letter does not request a docket. I have never asked for a docket."
Jiba further told the commission that it was during her time and as part of the National Operational Management Meetings (NORM), which she initiated, that there were challenges with the TRC cases.
"After the PCLU was included and a presentation was made, we were of the view that there was no progress in the TRC matters. Upon interrogation, we then decided with the deputy directors of public prosecutions (DPPs) that we should have an audit of all TRC matters," she stated.
As a result, Jiba said she directed her PA to write to Dr Torry Pretorius to request the list of all TRC cases and a summary of the evidence gathered.
"That is the first time I requested the dockets. If I wanted to request the dockets even then, I could have done so through my memorandum. Every time after a NORM meeting, we would then brief the NDPP. Advocate Shaun Abrahams was also notified," she said.
The inquest into the deaths of the Cradock Four anti-apartheid activists Matthew Goniwe, Fort Calata, Sicelo Mhlauli, and Sparrow Mkonto is currently being heard at the Gqeberha High Court.
The TRC Cases Inquiry continues to hear Jiba's testimony.
siyabonga.sithole@inl.co.za