Jiba Review: The fight for the supremacy of the Constitution continues
12 February 2016
Once again President Jacob Zuma’s irrational decisions are the subject of judicial review. In this instance the DA is in the midst of a review application requesting the Western Cape High Court to set aside President Zuma’s decision not to suspend and order a Commission of Inquiry into the sitting deputy National Director of Public Prosecutions (NDPP), Nomgcobo Jiba, despite many calls to do so by the former NDPP, Mxolisi Nxasana.
In our founding affidavit the DA submits that, given the prima facie evidence of Ms Jiba’s long list of failings and improper conduct, President Jacob Zuma, acting in accordance with section 179(1)(a) of the Constitution read with section 12(6)(a) of the NPA Act, should have suspended her pending a formal inquiry into her suitability to continue as the second-in-command at the NPA. The DA ask for an order that she be suspended and a Commission of Inquiry be instituted.
Ms Jiba has received a litany of criticisms from judges in court judgments, including for obvious bias and a lack of fitness to hold office. Ms Jiba has also displayed a level of impunity that could only be informed by the protection provided by those senior political leadership. Ms Jiba has:
been criticised for refusing to cooperate in an Inquiry in the NPA senior management.
been absent from work without leave, on taxpayers’ money.
refused to accept a summons in a criminal matter.
arrogantly indicated that she will only co-operate with certain individuals in the SAPS, and not with others. This type of behavior is both ludicrous and unbecoming.
Presently, Ms Jiba is the subject of an Application by the General Council of the Bar, 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.
Despite all of this, the President continues to refuse to suspend Ms Jiba. In doing so, the President, instead of being a guardian of the Rule of Law, has used his powers of appointment to thwart due process and parachute people into high positions of power who represent the very worst in our criminal justice system, simply so that he may have cronies within the justice system who will protect him from prosecution.
This is perhaps the gold standard of undue political interference in a fairly new constitutional democratic dispensation. It is this very political interference that has a death grip on our prosecutorial independence and threatens our criminal justice system. This, all for one man.
If the President is serious about avoiding the appearance of impropriety in the discharge of justice and due process he must show leadership and suspend Ms Jiba, whose presence at the NPA will cast doubt over any high profile decision made while she has unfettered influence over the new NDPP, Adv Shaun Abrahams. As he persists in his failure to do what is required of him, the DA has asked the Court to do so in his place.
Issued by Glynnis Breytenbach, DA Shadow Minister of Justice, 12 February 20 16
