President Zuma has a duty to fire Jiba without delay

15 September 2016

The DA welcomes the judgement asserting that the sitting Deputy National Director of Public Prosecutions (NDPP), Nomgcobo Jiba, is not a fit and proper person to practice as an advocate, much less as one of the South Africa’s top prosecutors.

The North Gauteng High Court today handed down scathing judgement in court action brought by the General Council of the Bar (GCB) striking the embattled DNDPP, Jiba, of the Roll of Advocates for her conduct throughout her checkered tenure at the National Prosecuting Authority (NPA).

Specifically, the Court found that Jiba’s conduct in the Mdluli matter “displayed ulterior motive and thus offended against the rule of law and the Constitution. She must be found to be no longer a fit and proper person to remain on the Roll of Advocates.” The GCB previously proclaimed Ms Jiba and her partner-in-crime, Commercial Crimes Head, Lawrence Mwrebi, to be an“embarrassment to the legal profession.” 

It must be noted that the DA is equally pleased that beleaguered Commercial Crimes Head, Lawrence Mwrebi, has too met the guillotine and should be hastily discharged from the NPA for his role in aiding and abetting Jiba in her crusade to protect those close to her to the detriment of the law and due process.

Pursuant to section 9 of the NPA Act President Zuma must fire Jiba without delay for failing to “be a fit and proper person, with due regard to his or her experience, conscientiousness and integrity, to be entrusted with the responsibilities of the office concerned”. This is not the first time that his close ally has been slated by South Africa’s Judiciary and the President must give effect to his “commitment” to the Rule Law and act to remove Ms Jiba from our prosecuting authority if we are to start taking steps to restoring integrity to the NPA. 

Jiba’s conduct has previously been slated by the North Gauteng High Court and the Supreme Court of Appeal for her handling of the Mdluli matter.  She has been slated by the KZN High Court for her handling of the Booysen matter, who was unduly suspended for almost two and a half years as the KZN Hawks boss. In August 2014 she was indicted again by the Supreme Court of Appeal for her handling of the Zuma Corruption Charges matter. This, the court stated was by deliberately failing to provide any meaningful affidavits or testimony and neglecting to mention any relevant facts regarding this court application. She also failed to produce “documents and other materials within her possession as the then acting NDPP, particularly in the face of an order of this court”.

In so doing Jiba acquitted herself with distinction, operating with apparent impunity and abusing the NPA and the Rule of Law with no regard for the damage done to the NPA, to the country or the legal system. She clearly thought she could do so with no consequences, enjoying the protection of both the Minister and the President. So much so that her husband, Booker Nhantsi, was pardoned and had his criminal record expunged after having been convicted of stealing Trust Monies by the Mthatha High Court.

Jiba is also currently the subject of a review application brought by the DA to have her suspended pending the outcome of a disciplinary that the President ought to have established years ago. The President must act now or face the same embarrassment he did in the invalidation of his Simelane appointment.

The fact that she is still in office, without an inquiry, is proof of presidential protection. If the President is at all serious about restoring integrity to the NPA he must fire her and failing that he should, without delay, make her the subject of a probe that ultimately sees her discharged from the NPA.

Issued by Glynnis Breytenbach, DA Shadow Minister of Justice, 15 September 2016