DA to file PAIA application for access to record of decision to drop Jiba charges
18 August 2015
The DA will today file an application in terms of the Promotion of Access to Information Act (PAIA) to get access to the record of decision to determine the rationality of dropping the charges against the disgraced deputy National Director of Public Prosecutions (NDPP), Nomgcobo Jiba.
This decision is questionable given the slew of prima facie evidence against her and her destructive track record at the National Prosecuting Authority (NPA).
This is confirmation that President Jacob Zuma dispensed of Mxolisi Nxasana to install a man who has been given a Menzi Simelane-esque mandate to protect President Zuma and his longstanding ally in the NPA, Ms Jiba.
This comes after an announcement made by the head of the NPA, Adv Shaun Abrahams, that the charges of fraud and perjury levelled against Ms Jiba will not be pursued by the NPA. This relates specifically to her handling of the matter of the KZN Hawks boss, Johan Booysen, where she acted with complete impunity and disregard for due process. This resulting in Booysen being needlessly suspended for two years.
For Adv Abrahams to try to avoid accountability on this important issue is an indication of his true colours. To suggest that he is merely “agreeing” with a subordinate is ludicrous. As NDPP he must apply his own mind to all decisions, and having done so he makes it his own. Such poor decision-making so early in his tenure is truly disappointing.
To make matters worse, a scathing judgment was handed down by the Supreme Court of Appeal (SCA) in September last year on the matter of Zuma versus DArelating to the “Spy Tapes”. The judge presiding in this matter stated that her“conduct is not worthy of the office of the NDPP”.
The SCA also found that Jiba failed to provide any meaningful affidavits or testimony and neglected to mention any relevant facts regarding this court application. She also failed to produce “documents and other materials within its possession, particularly in the face of an order of this court”.
Ms Jiba remains the subject of an Inquiry by the Pretoria Bar Council, along with Mwrebi and North Gauteng Director of Public Prosecutions, Sibongile Mzinyathi, to be struck from the Roll of Advocates as not fit and proper to be members of the profession.
Jiba’s undermining of the Rule of Law, total disregard for the independence of the NPA and her duty to uphold the Constitution of this country cannot go unattended to any longer.
Statement issued by Adv Glynnis Breytenbach MP, DA Shadow Minister of Justice, August 18 2015
