Nxasana followed the letter of the law in Jiba summons
27 March 2015
From the press conference and questions session just finalised by NPA boss, Mxolisi Nxasana, it is clear that the investigation of the matter against his deputy, Nomgcobo Jiba, was done by the book, the issue and service of the summons was done by the book and the NPA has conducted themselves properly.
The fact that Jiba produced a "sick note" 36 hours after the fact is telling, and her refusal to accept the actual summons document is an indictment on her as a senior prosecutor. She has brought not only the NPA into disrepute, but also the profession of prosecuting and is an embarrassment to all other prosecutors.
Prosecutions boss, Nxasana, has conducted himself with distinction throughout this debacle, and must be commended for taking a stand against what amounts to shockingly poor behavior by his deputy, against the Commissioner of Police, Riah Phiyega, for interfering where she has no business to do so, and for making it clear that Jiba enjoys protection from a source much higher than the Commissioner of Police.
It is clear that Mr Nxasana intends to do his job to the best of his ability despite being himself the subject of an inquiry. The fact that he is running the NPA with integrity despite attempts to intimidate him is reassuring.
The behavior of Jiba, however, is so extremely inappropriate that President Jacob Zuma simply cannot now fail to take action against her, no matter how much he would like to protect her. If the President now fails to act it will be clear to all South Africans that the impunity with which Jiba has carried out her nefarious actions, and her wanton destruction of the NPA was done with the approval and protection of the President.
The Commissioner of Police, as usual, has failed to act appropriately and her actions should be viewed in a very serious light indeed, since it amounts to a total disregard for the Rule of Law and the doctrine of separation of powers - which of course amounts to a total disregard for the vital principles of our Constitution.
Statement issued by Glynnis Breytenbach MP, DA Shadow Minister of Justice, March 27 2015
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