NDDP studying Yacoob report

02 November 2014 - 17:44 By Sapa
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Retired Constitutional Court judge Zak Yacoob. File photo
Retired Constitutional Court judge Zak Yacoob. File photo
Image: THULI DLAMINI

National Director of Public Prosecutions Mxolisi Nxasana is studying a report by retired judge Zak Yacoob into the NPA, the authority said on Sunday.

"He will take appropriate steps when he is done," National Prosecuting Authority spokesman Nathi Mncube said in a statement.

"However, this remains an internal matter and shall be treated as such going forward."

Yacoob, a retired Constitutional Court judge, was appointed by the NPA at the end of July to conduct a preliminary fact-finding investigation into alleged wrongdoing, including claims that employees were leaking information to the media and other parties.

On Sunday, City Press reported that one of Yacoob's recommendations in his report was for a full judicial commission of inquiry to be set up.

Such an inquiry would have the authority to subpoena witnesses -- a power Yacoob did not have while conducting his preliminary fact-finding inquiry.

Yacoob declined to comment to City Press about his recommendations. The newspaper reported that two senior NPA sources confirmed his findings included a call for a judicial commission.

On Sunday, Mncube said if Yacoob had found "serious challenges" in the NPA that required "drastic measures to be taken to address them, e.g. like appointing a commission of inquiry which has full powers to subpoena and compel people to appear before it, then it would so recommend."

Earlier this week, Beeld newspaper reported that deputy NPA head Nomcobo Jiba and national head of the specialised commercial crime unit, Lawrence Mrwebi, had refused to participate in Yacoob's investigation.

A memorandum was sent to Justice Minister Michael Masutha about the matter.

Mrwebi, Jiba and advocate Sibongile Mzinyathi, director of public prosecutions for North Gauteng, were involved in the withdrawal of charges of fraud, money laundering, and corruption that Lt-Gen Richard Mdluli had faced when head of the police's crime intelligence division.

The High Court in Pretoria set aside their decision and the appeal court confirmed the decision.

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