Zondo intends to use Nxasana evidence in his report ’as it related to Zuma’
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Deputy Chief Justice Raymond Zondo says he planned to deal, in his report, with evidence by former national director of public prosecutions Mxolisi Nxasana that related to former president Jacob Zuma, which concerns allegations that State prosecutors were corrupt or captured.
“I do intend to deal with his evidence in the commission report, in so far as the allegations he has made mainly relating to the former president.
“I don’t think I would deal with that aspect that relates to what General Booysen says and some of the matters,” Zondo said.
“Although it falls under law enforcement, I do intend to deal with it from an angle that does not relate to matters such as what General Booysen is saying here. I don’t think it should affect any of your clients,” he said.
Zondo made the comment when he heard evidence from legal representatives of some officials of the National Prosecuting Authority (NPA).
The eight officials had asked leave to cross-examine certain witnesses who gave evidence implicating them.
They were given an opportunity to give a summary of their response to evidence given by those witnesses through their legal representatives.
Advocate Mothibedi, who was assisted by advocates Zuko Madlanga and Kgaogleo Ramaimela, named the implicated NPA officials as advocates Pretorius, Mayema, Mathenjwa, Mokgatle, Chauke, Masuga and Mosimo.
The evidence was made by retired General Booysen, Nxasana, Independent Police Investigative Directorate head Robert McBride and former head of investigations, Matthew Sesoko, among others.
He noted that Zondo had indicated in the hearing on June 15 that he was inclined to refer the evidence under the law enforcement work stream, including the implicated prosecutors, to other agencies for further investigation as the commission’s related investigations were not finalised and due to time constraints.
Mothibedi said it was pertinent that the implicated prosecutors presented their versions so that the public knew why all suspects were prosecuted, and decisions were also made to decline prosecuting.
Mothibedi said all the dockets that were considered by the officials were delivered and presented to the commission.
This was in line with Zondo’s comments during the evidence of Sesoko and Nxasana that due to the grave and serious nature of the allegations against prosecutors that he will request evidence leaders and investigators to obtain dockets and information.
“The allegations that the implicated officials were captured either for political reasons or corrupt are based on conjecture and speculation.”
He also said there was no justification to infer wrongdoing on the part of implicated prosecutors as being captured and corrupt.
“Our submission is that no concrete evidence was tendered before this commission in support of allegations by those who fingered our clients for being either captured for political reasons or were corrupt.”
Mothibedi took the commission through some of the controversial cases, such as the extradition of Zimbabweans who were killed and tortured after being handed over to their home country by the Hawks officials.
He also dealt with the recommendation of the prosecution in the case of defeating the ends of justice and fraud involving Independent Police Investigative Directorate officials, including McBride.
Mothbedi also dealt with the case in which the prosecutors had declined to prosecute former acting director of public prosecution Nomgcobo Jiba as well as the so-called Amigo case, involving some ANC leaders in KwaZulu-Natal, among others.
He noted that there were prosecutors that were involved in the matters their clients handled, but they were not considered to be captured.
“This is clearly selective condemnation of some of the implicated officials we are representing.”
Zondo said any of the witnesses who gave evidence could have access to the summaries of the prosecutors’ responses.
He also said he would not allow evidence or be addressed in regard to those matters.
“I am to make a finding and a recommendation (law enforcement evidence) to be subjected to other processes,” Zondo said.
The commission will continue to hear evidence from lawyers representing former police commissioner Khomotso Phahlane after the adjournment.