JIBA MUST BE SUSPENDED WITH IMMEDIATE EFFECT

10 June 2015

COPE urges the President to suspend Deputy National Director of Public Prosecutions Nomgcobo Jiba, with immediate effect, so that she can proceed to trial in September without attempting to use her office in any way to interfere with or hamper the judicial process. The National Prosecuting Authority will finally prosecute the elusive Jiba on two counts of fraud and one of perjury in three months’ time (see EWN report).

In the case against Major-General Johan Booysen, head the Hawks in KwaZulu-Natal, Judge Trevor Gorven ruled that Jiba’s decision in authorising his prosecution was so arbitrary that he could not conceive of any test for rationality that could be satisfied by her explanation. She had signed off on an order to prosecute Booysen two weeks before he had made any statement. This  decision, the judge found, offended the very principle of legality itself. As such,  it went against the rule of law and was unconstitutional.

Jiba acted as though she had such political protection that she could flagrantly flout the law. The President must show that he affords her no such protection. She must face prosecution for fraud and perjury. 

Statement issued by Dennis Bloem, COPE spokesperson, June 10 2015