The Mokgoro report doesn't go quite so far as to say suspended deputy prosecutions head Nomcgobo Jiba lied, but her 'inconsistencies' showed that she failed to act without fear, favour or prejudice.
Buried on page 257 of the Mokgoro report is a new revelation about the presidential pardon given to the husband of suspended deputy prosecutions head, Nomgcobo Jiba — Jacob Zuma’s pardon went against the recommendation of the justice minister and did not follow the usual processes.
That Jiba has “links” to Zuma had been repeated so many times that it had become truth to many. But the evidence for it had always been inferential, the high watermark being that in 2010 Jiba’s husband was pardoned by Zuma for theft, thereby expunging his criminal record, and suggesting a quid pro quo.
“The report attached to the application for pardon sent to the president from the minister recommended that the pardon be refused,” says the Mokgoro report. This new information is not a smoking gun. Pardons are “an act of generosity from the president”; the only legal requirement is that the president acts rationally under the law. He is not required to listen to the justice department’s recommendations. That’s why there are often rumblings about the way pardons are granted.
This was mild — it didn’t even make it to the recommendations section of the report — when compared with the panel’s finding on the Booysen matter.
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