The Mokgoro Inquiry into the fitness of two top South African prosecutors to hold office on Thursday heard the National Prosecution Authority (NPA) has decided not to reinstate fraud and perjury charges against suspended deputy national director of Public Prosecutions Nomgcobo Jiba.

Retired Constitutional Court Justice Yvonne Mokgoro on Wednesday sought clarity on the NPA's decision in prosecuting Jiba after her legal representative informed her there was a possibility that the NPA was considering to enroll the charges.

Mokgoro is presiding over the inquiry into Jiba and the suspended special director of public prosecutions Lawrence Mrwebi’s fitness to hold office.

On Thursday, advocate Zola Majavu, who is representing Jiba, told the inquiry that he had not formally heard back from the NPA regarding the decision on Jiba's criminal charges. 

However, he said he was told by the acting director of public prosecutions in the North West province that a decision not to prosecute Jiba was taken last year August.

On Wednesday, Jiba’s legal team had objected that advocate Jan Ferreira testifies about the cases which led to Jiba being criminally charged.

Jiba's legal team said Ferreira was likely to be reappointed as a prosecutor if Jiba's charges are reinstated and this placed them in a tough position relating to how they will cross-examine Ferreira. 

On Thursday, Mokgoro ruled that evidence related to the abandoned charges against Jiba may be presented.