DA lodges court papers for Jiba Inquiry

20 September 2015

The DA has now filed its founding affidavit in the matter relating to the deputy National Director of Public Prosecutions (NDPP), Nomgcobo Jiba, and her fitness to hold her current position.

In our affidavit the DA submits that, given the prima facie evidence of Ms Jiba’s long list of failings and improper conduct, President Jacob Zuma should suspend her pending a formal inquiry into her suitability to continue as the second-in-command at the NPA.

This comes after the High Court and the Supreme Court of Appeal (SCA) have both repeatedly found Ms Jiba guilty of dishonesty and unbecoming conduct with particular reference to the Spy Tapes saga and the baseless investigation into the KZN Head of the Hawks, Johan Booysen.

The former NDPP, Mxolisi Nxasana, asked the Minister of Justice and Correctional Services, Mike Masutha, and President Zuma to suspend Ms Jiba on several occasions following a judicial probe into management at the National Prosecuting Authority (NPA). The probe recommended that she be criminally charged for fraud and perjury.

Presently, Ms Jiba is the subject of an Inquiry by the Pretoria Bar Council along with North Gauteng Director of Public Prosecutions, Sibongile Mzinyathi and disgraced Commercial Crimes head, Lawrence Mwrebi, to be struck from the Roll of Advocates as not fit and proper to be members of the profession.

To make matters worse, Ms Jiba has recently been promoted from the Head of Legal Affairs within the NPA to the Head of the National Prosecuting Service (NPS). This is inexplicable because she will effectively have ultimate control of all prosecutions in South Africa including the prosecution of her allies like Richard Mdluli and Lawrence Mwrebi who represent the worst in our criminal justice system.

We therefore submit that the President’s decision not to institute this probe is inconsistent with the constitutionally entrenched independence of the NPA. Further we assert that inaction in this regard is so clearly irrational and unlawful.

In a fair society envisioned by the DA, all South Africans will be equal before the law including those close to the President.

Statement issued by Adv Glynnis Breytenbach MP, DA Shadow Minister of Justice, September 20 2015