Deputy Nationwide Director of Public Prosecutions (NDPP) Willie Hofmeyr has rejected any suggestion that there was political interference on his half within the dropping of expenses in opposition to former president Jacob Zuma.
“I put it to you that the decision not to prosecute the former president amounted to political interference in the decision-making process of the National Prosecuting Authority (NPA),” advocate Norman Arendse, SC, stated to Hofmeyr throughout cross-examination on Monday.
“I don’t quite understand what you suggest is the political interference. It was a decision by top management and we did not consult with any politicians on that matter,” Hofmeyr stated in response.
The deputy NDPP revealed this in Tshwane on the fee of inquiry into the health of suspended deputy NDPP Nomgcobo Jiba and suspended particular director of public prosecutions Lawrence Mrwebi to carry workplace.
The NPA, led by then performing head Mokotedi Mpshe, in 2009 dropped fraud and corruption expenses in opposition to Zuma two weeks earlier than the 2009 basic elections.
This got here after Zuma made representations on the spy tapes saga and stated there was a political conspiracy in opposition to him. He primarily based this on phone recordings between former NPA head Bulelani Ngcuka and former head of the directorate of particular operations Leonard McCarthy discussing the reinstatement of recharges in opposition to Zuma simply earlier than ANC’s 2007 Polokwane convention.
Zuma was elected the ANC’s new chief on the convention.
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As a result of a witness’ affidavit describing Jiba’s time period as performing NDPP as one full of political interference, advocate Arendse quizzed Hofmeyr on the allegations the place he might have performed a direct position throughout cross-examination.
Arendse recalled that the deserves of Zuma’s case allowed for the prosecution crew, led by Advocate Billy Downer, to go forward with the case. Nonetheless Hofmeyr and Mpshe shared an opposing view.
‘We had been incorrect’
“It’s right that I had a special view, however I believe in the long run all of my colleagues did share that view.
“What involved us was the political motivation of when the prosecution ought to be instituted to have the utmost profit to Mr (Thabo) Mbeki,” he defined.
Hofmeyr clarified that though he was one of many 5 individuals who got here to the conclusion to withdraw expenses, “legally it was Mr Mpshe’s resolution on the dropping of expenses”.
He additional accepts that this was a incorrect resolution.
“I acknowledge that we had been incorrect in taking that into consideration.
“I accept that even senior prosecutors get it badly wrong, but I think after the Supreme Court of Appeal (SCA) judgment was delivered in the case there was no more grounds to getting it wrong in the future,” he conceded.
Probing additional, Arendse mused that if the deputy NDPP accepts that senior prosecutors typically “get it wrong”, does it imply that they’re now not match to carry workplace?
“I do think it depends on the circumstances of the case. I think there is a difference between the decision to not prosecute and to prosecute against someone with very little evidence, which is a phenomenon we saw later,” Hofmeyr stated in response.
The inquiry continued on Monday.
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