Adv Nomgcobo Jiba
DEPUTY DIRECTOR OF PUBLIC PROSECUTIONS NATIONAL PROSECUTING AUTHORITY – SOUTH AFRICA
31.08.15
'Adv Nomgcobo Jiba completed her B Juris in 1987 followed by an LLB in 1989 at the Walter Sisulu University, then known as the University of Transkei. In 1994, she obtained an Industrial Relations Diploma from Damelin College. In 1996, she graduated with LLM in Commercial Law.
Her professional career started in 1988 in Peddie, Eastern Cape, where she worked as a prosecutor in a magistrate’s court. She thereafter continued her career in the magistrates’ courts in Tsolo and Mthatha in the same capacity. In 1997, she resigned from government and commenced her articles of clerkship for the attorneys’ profession under the firm Qunta Ntsebeza attorneys in Cape Town. She qualified as an attorney in 1998.
In 1999 she moved to Pretoria and worked for an accounting firm Deloitte & Touche as a Senior Forensic Consultant. Her core function was forensic investigations and analysis which often involved the flow of fund analysis, to detect fraud or corruption.
Her professional career started in 1988 in Peddie, Eastern Cape, where she worked as a prosecutor in a magistrate’s court. She thereafter continued her career in the magistrates’ courts in Tsolo and Mthatha in the same capacity. In 1997, she resigned from government and commenced her articles of clerkship for the attorneys’ profession under the firm Qunta Ntsebeza attorneys in Cape Town. She qualified as an attorney in 1998.
In 1999 she moved to Pretoria and worked for an accounting firm Deloitte & Touche as a Senior Forensic Consultant. Her core function was forensic investigations and analysis which often involved the flow of fund analysis, to detect fraud or corruption.
Later in the same year she joined the then Investigating Directorate for Serious Economic Offences (IDSEO) in Pretoria as a Senior State Advocate. In 2001 the IDSEO was disbanded and the Directorate of Special Operations (DSO) was established. Later in the same year she was appointed a Deputy Director of Public Prosecutions. In 2006 she was appointed a Senior Deputy Director of Public Prosecutions. She is now responsible for National Prosecutions Service and the National Specialised Prosecution Services.
Her core functions involved the investigation and prosecution of complex commercial crime cases committed in an organized fashion. Part of her duties entailed giving guidance to investigators and prosecutors with regard to their cases, as well as to render guidance and assistance to accountants with regard to drawing up of forensic accountants’ report with flow of funds analysis.
She has trained a lot of staff members who now occupy senior positions in the Police and other government departments. She is very passionate about transformation and realization of the values of equality and dignity, which are some of the core values of our constitutional democracy.
With the disbandment of the Scorpions in 2009, she was relocated to the Specialized Commercial Crimes Court in Pretoria, where she was involved in the prosecution of serious and complex commercial crime cases.
She is now an admitted advocate of the High Court of South Africa, and has wealth of relevant experience in the prosecutorial sector. She was appointed a Deputy National Director of Public Prosecutions with effect from 22 December 2010. She is responsible for National Prosecutions Service and the National Specialised Prosecution Services.' (https://www.npa.gov.za/?q=content/adv-nomgcobo-jiba)
She has trained a lot of staff members who now occupy senior positions in the Police and other government departments. She is very passionate about transformation and realization of the values of equality and dignity, which are some of the core values of our constitutional democracy.
With the disbandment of the Scorpions in 2009, she was relocated to the Specialized Commercial Crimes Court in Pretoria, where she was involved in the prosecution of serious and complex commercial crime cases.
She is now an admitted advocate of the High Court of South Africa, and has wealth of relevant experience in the prosecutorial sector. She was appointed a Deputy National Director of Public Prosecutions with effect from 22 December 2010. She is responsible for National Prosecutions Service and the National Specialised Prosecution Services.' (https://www.npa.gov.za/?q=content/adv-nomgcobo-jiba)
She looks fantastic on paper....what has gone wrong & where?
1. I have put most of the articles that have affected her judgement and her behavior in date order.
2. It is all pretty confusing and there is so much going on behind the scenes that we are unaware of or has not been picked up.
3. I included a piece on Richard Mdluli and this is where I think most of the whole truth lies.
4. He has resurfaced again and I think that he is the goto man for no 1.
5. I also would not underestimate his hold on Jiba. Women are drawn to strong powerful men.
6. She has gone back on her oath as far as her husband, JZ & Mdluli go.
7. She has no integrity left in my estimation.
8. She is also protected by some very powerful people.
9. The DA has taken her on and I don't know if right will win.
10.There are so many threads and people involved by the looks of things that it is difficult to tell whats going on.
11.It is all about power and keeping a line to the money and the lifestyle it brings.
12.So much for the lofty ideals the ANC held in the fight to come to power in SA. None of them remain.
13.The people that died and lived in prison, those that were beaten and maimed are the casualties in this supposed ideology.14. The last two or three pages is where you can see the way this has gone.
Husband of NPA boss pardoned
2012-04-07 17:55
President Jacob Zuma has expunged the criminal record of the husband of the acting prosecutions boss, Advocate Nomgcobo Jiba.
Zuma’s spokesperson Mac Maharaj confirmed to City Press that former lawyer and Scorpions member Booker Nhantsi’s criminal record for stealing a client’s money from his trust fund was erased in September 2010.
Jiba was appointed deputy national director of public prosecutions in January 2011 and acting head of the National Prosecuting Authority (NPA) at the end of last year, after the Supreme Court of Appeal found Zuma’s appointment of Advocate Menzi Simelane was irregular.
She also acted as head of the Special Investigating Unit in December for a few days after the resignation of Advocate Willem Heath.
Nhantsi, who worked as an attorney before being appointed a deputy director in the Eastern Cape Scorpions, was convicted of theft in the Mthatha High Court in 2005.
A police press statement published after his conviction stated that he dipped into funds totalling R193 000 held in a trust for a client in 2003.
He was sentenced to five years imprisonment, two years of which were suspended for a period of five years.
According to Maharaj, Zuma has the power to grant presidential pardons.
According to Maharaj, Zuma has the power to grant presidential pardons.
“A pardon is an act of mercy by the president if the president is convinced that it is in the public interest for a pardon to be granted.
“In Nhantsi’s case, he was convicted of the offence of theft, which was his first and only offence. He had also served his sentence.
“Nhantsi is also a qualified and skilled individual who can make a contribution to society. He was therefore pardoned accordingly.”
Jiba is closely associated with Lieutenant-General Richard Mdluli, the controversial head of the police crime intelligence unit.
Mdluli assisted her when she was suspended from the NPA in 2007 for allegedly assisting the police to counter the Scorpions’ investigation of former police chief Jackie Selebi.
In a Labour Court matter against the NPA, Mdluli made an affidavit in Jiba’s favour that supported the notion of a conspiracy against Selebi.
Breytenbach: Media should apply formally
2012-11-13 21:10
Glynnis Breytenbach (Picture: Beeld)
Pretoria - The media should formally apply to cover proceedings around the suspension of NPA senior prosecutor Glynnis Breytenbach, the Public Sector Bargaining Council said on Tuesday.
Responding to a request for media access by Eyewitness News (EWN) journalist Mandy Wiener, panellist Mashoro James Matlala urged the media to make a formal application.
An e-mail sent to the secretary of the council on Monday by EWN "did not provide the full particulars and the basis of the request" to cover the hearing, Matlala said in the statement.
The e-mail had requested access for general media to record the proceedings of the contentious hearing.
The request was put to an arbitrator at the council's chambers in Centurion on Tuesday morning.
The outcome was that a formal application should be made, providing information on "the basis of the request and full reasons".
"The request by EWN in its current form does not provide the full particulars and the basis of the request to enable the parties to apply their minds to the contents request and make informed representations," Matlala said
On Tuesday, journalists from various media houses milled around outside the council's Centurion chambers where the request for media access was being considered.
Breytenbach is set to apply to the council for the overturning of her eight-month suspension.
She was suspended as regional head of the National Prosecuting Authority's (NPA) specialised commercial crime unit on April 30.
She has argued that acting national director of public prosecutions Nomgcobo Jiba suspended her to try and stop her from prosecuting former police crime intelligence boss Richard Mdluli on fraud and other charges.
Breytenbach has pleaded not guilty to all 16 charges brought against her by the NPA. Her internal disciplinary hearing is set to resume next year.
It will be chaired by advocate Selby Mbenenge, who was appointed three weeks ago after Sandile July recused himself.
In July, Breytenbach supported applications by the print and broadcast media for access to her disciplinary hearing in Pretoria.
Media 24, Avusa Media, and M-Net launched an urgent application in the North Gauteng High Court in Pretoria for access to the disciplinary hearing.
The application was brought after the NPA decided that journalists would not even be allowed inside its building, let alone into Breytenbach's hearing.
This was despite a ruling by the disciplinary hearing's then chairperson Barry Madolo, allowing the media access.
The NPA argued that Madolo, who has since recused himself from the hearing, had no authority to make such a decision and that the decision was "irrational".
The national director of public prosecutions opposed the media's application on the grounds that disciplinary hearings were a private affair, and that the presence of the media might intimidate witnesses.
In July, Judge Ronel Tolmay ruled: "It is of the utmost importance that the media has access to this disciplinary hearing."
The hearing would deal with matters of significant constitutional importance and should be in the public domain, she said.
NPA above politics, Jiba says
2012-11-20 17:47
Pretoria - It was mere perception that the National Prosecuting Authority was politically influenced, acting head Nomgcobo Jiba said on Tuesday.
"These are perceptions. We strive to ensure we prosecute without fear, favour or prejudice," Jiba said in Pretoria.
"That should be applicable to everyone in this country."
Jiba did not elaborate on the issue of "spy tapes" which reportedly led to criminal charges against President Jacob Zuma being withdrawn.
"That case is a matter before court."
The acting national director of public prosecutions was speaking at an Institute for Security Studies seminar.
She said the NPA did not withdraw charges against people without reason.
Charges could be withdrawn for a variety of reasons. This did not mean the case had been finalised, and therefore could be brought back to court at a later stage.
"We do not merely withdraw charges against accused people... there is vigorous consultation and processes to be followed," Jiba said.
"We must take care when deciding to prosecute."
She was responding to a Sunday Times report over the weekend regarding the dropping of corruption charges against Zuma in 2009.
She said she was not trying to defend the decisions made by former national directors of public prosecutions (NDPP). However, there were policies in place which had to be followed.
"There will always be some form of unhappiness from the other side [when decisions are made]."
The NPA's decision to drop the charges - taken by then acting NDPP head Mokotedi Mpshe - came a month before Zuma was elected president.
The Sunday Times reported that the country's top prosecutors at the NPA were overwhelmingly in favour of pressing ahead with the corruption case against Zuma.
They also dismissed the so-called "spy tapes" as irrelevant, just days before the charges were dropped.
This was revealed in more than 300 pages of internal e-mails, memos and meetings, the paper reported.
Yet to find a perfect system
In March, the Supreme Court of Appeal ordered the NPA to hand over a record of all documents, recordings, materials and evidence that led to criminal charges against Zuma being withdrawn. The tapes were yet to materialise.
Jiba said just because there was prima facie case did not mean there would be prosecution.
She used the example of a woman who had heard a noise at her window, thought someone was breaking in and shot the person, who turned out to be her husband.
"How do you prosecute something like that?" Jiba asked.
"There are instances were there is a prima facie case but you can't prosecute."
Jiba said the NPA was guided by its policies.
Martin Schoenteich, doctoral student at the criminals justice programme at the City University of New York, said the judiciary could not force the NPA to prosecute.
However, the courts could review the processes which had been followed in deciding whether to withdraw charges.
There were other checks and balances; these included Parliament, opposition parties, media and civil societies.
Jiba admitted there were problems facing the NPA, but efforts were being made to improve things.
"We are not sitting around doing nothing. We acknowledge the criticism in the way we measure our performance," she said.
The NPA measured its performance by the number of convictions.
"We have yet to find a perfect system."
Jiba said challenges included the lack of funding to Legal Aid.
"We have noted that there has been a decline in the[ir] performance."
Jiba in contempt over spy tapes - DA - 2013-02-06 11:30
ohannesburg - The DA has called for acting head of prosecutions Nomgcobo Jiba to be held in contempt of court for failing to hand over the so-called Zuma spy tapes, The Star reported on Wednesday.
Tuesday was the deadline for responses to the Democratic Alliance's heads of argument that were submitted on 21 January.
The National Prosecuting Authority and President Jacob Zuma's lawyers failed to submit heads of argument by the close of business on Tuesday.
In its papers, the DA rejects the argument by Zuma's lawyer Michael Hulley that submissions made by Zuma are confidential, and says Jiba will have to prove she is not in contempt of court for failing to hand over the tapes.
In March last year, the Supreme Court of Appeal gave the NPA 14 days to produce the documents that were before the then prosecutions head Mokotedi Mpshe. He decided to drop corruption charges against Zuma in 2009, claiming the case was politically motivated. He based the decision on recordings of intercepted phone conversations, the so-called spy tapes.
Instead of producing the transcripts in April last year, the NPA handed them to Hulley.
According to The Star, the DA rejected the NPA's contention that the documents were covered by a confidentiality undertaking given to Zuma.
The DA said it would be difficult for Jiba to show that her non-compliance with the SCA ruling was not in bad faith and that she permitted Zuma's lawyers to dictate to the NPA how long they needed to study the transcripts, the newspaper reported.
Doubts about Jiba’s qualifications
2014-08-17 15:59
Nomgcobo Jiba (Picture: Supplied)
Jiba failed for three months to supply the required documentation, according to the report on Sunday.
Officials conducting the probe had also been unable to find her name in any of the high court rolls, the publication reported.
Her failure to submit the documentation along with other top officials, has raised questions within the National Prosecuting Authority regarding her qualification and admission as an advocate.
Jiba failed to answer questions directed to her by the newspaper.
When she was contacted for comment, she said: "I am in a meeting," and hung up, according to the report.
The newspaper reports that the advocates' roll was currently incomplete, so it was not clear if the absence of Jiba's name from the roll was a mistake by the Justice Department or if she was not an admitted advocate.
NPA spokesperson Nathi Mncube said Jiba held an LLB degree, but was unable to furnish the newspaper with her certificate of admission as an advocate.
Justice department spokesperson Mthunzi Mhaga told the newspaper that an auditing process was underway to ensure the names of NPA advocates were on the roll.
The auditing process was expected to be completed in March 2015.
Mhaga said the names of advocates used to be kept manually in a book, but around 2000 the department introduced an electronic system that crashed in 2003. Jiba's CV, which appeared on the NPA website, said she was an admitted advocate of the high court. However, it did not indicate in which year she was admitted as an advocate, according to the report.
The Zuma spy tapes: all you need to know
2014-08-29 10:54
Cape Town - As President Jacob Zuma loses his appeal to block the release of the so-called “spy tapes”, News24 charts the battle that began more than decade ago.
The tapes were at the heart of the National Prosecuting Authority’s (NPA) decision to drop corruption charges against Zuma in 2009.
But the scandal behind the secret recordings stretches back almost 14 years.
Where did it all begin?
In October 2001, the offices of French defence company Thomson-CSF and Schabir Shaik, a businessman and close associate of then-deputy president Jacob Zuma, were raided in four countries as part of an arms deal probe.
A year later in November 2002, the Mail and Guardian revealed that the Scorpions - a former unit of the National Prosecuting Authority (NPA) - were investigating Zuma for allegedly attempting to secure a bribe from Thomson, since renamed Thales.
Were they guilty?
The head of the NPA, Bulelani Ngcuka, said in 2003 that though there was prima facie evidence of fraud and corruption against Zuma, he would not be prosecuted as the case wasn’t strong enough to win.
Later that year, Ngcuka was embroiled in allegations he was an apartheid spy, which led to his resignation in 2004. President Thabo Mbekiappointed the Hefer Commission of Inquiry to investigate the allegations against Ngcuka. The Commission found that the allegations had no basis.
The following year Shaik appeared in court on corruption charges in which Zuma was named. Shaik was found guilty on two counts of corruption and one count of fraud at the Durban High Court in June 2005.
Why wasn’t the matter dropped?
The trial was politically charged and implicated Zuma from the start - prompting the new NPA head,Vusi Pikoli, to open corruption charges against him.
Zuma was sacked as deputy president by then-president Thabo Mbeki in June 2005, but remained as deputy president of the ANC and immediately began mobilising support for his legal and political comeback.
In August, the Scorpions raided two of Zuma’s homes, in Johannesburg and Nkandla, including offices of his lawyers in Durban and Johannesburg.
But by September 2006, Judge Herbert Msimang had struck Zuma's case off the roll, saying he had "no choice" as the prosecution was not ready to proceed. Msimang said the State's case had "limped from one disaster to another".
Was that the end of it?
Not by a long shot. In November 2007, the South African Court of Appeal ruled that raids on Zuma’s home and office, conducted by Scorpions in 2005, were legal. This paved the way for the reinstatement of corruption charges against Zuma.
Just before the ANC’s national conference in Limpopo in December 2007, security services secretly tapped phone conversations involving the Scorpions boss Leonard McCarthy, former NPA head Ngcuka and others outside the NPA. These "spy tapes" reportedly recorded them discussing when to charge Zuma with corruption.
Zuma was elected as the president of the ANC at the conference, but shortly afterwards the NPA filed papers outlining a case against him in the Constitutional Court.
So this is when the legal ping-pong gets going?
Absolutely - the ball goes from being in Zuma’s court to the NPA’s, and back and forth again.
In March 2008, Zuma appealed to the Constitutional Court against the Supreme Court of Appeal ruling in favour of the NPA - his appeal was rejected in July.
In September however, Judge Chris Nicholson ruled in the Pietermaritzburg High Court that Zuma was entitled to make representations before the National Director of Public Prosecutions (NDPP) decided to re-charge him, effectively halting his prosecution.
The Supreme Court of Appeal heard the NDPP appeal and upheld it against the Nicholson ruling in January 2009 - but dismissed the application to have Nicholson's "political meddling" findings struck out.
In February 2009, the Pietermaritzburg High Court set out a timeline for the Zuma case.
Why were the charges against Zuma dropped?
Despite the legal wrangle, in a matter of months more than 700 charges against Zuma were notoriously dropped by the NPA on the eve of the 2009 national election.
The NPA, after receiving representations from Zuma's lawyers, announced in April that all charges against Zuma would be dropped.
The NDPP Moketedi Mpshe said: "I have come to the difficult conclusion that it is neither possible nor desirable for the NPA to continue with the prosecution."
Mpshe cited the spy tapes as his reason for dropping the case, which Zuma’s defence said proved there was a political conspiracy against him.
Mpshe described Scorpions boss McCarthy’s role in the tapes as “a serious abuse of process”. However, he emphasised there had been a valid case against Zuma.
Where does the DA come in?
In 2009, the Democratic Alliance (DA) went to court to have Mpshe’s decision set aside, but the application was dismissed by the North Gauteng High Court.
Following a DA appeal to the Supreme Court of Appeal (SCA) in 2011, the NPA was ordered to hand over the reduced record of its decision to drop charges against Zuma in 2009, including the spy tapes, to the DA.
But the NPA failed to hand over the tapes, after the State Attorney said that it was contingent on Zuma's lawyers not objecting on the grounds of confidentiality.
Zuma's lawyers did object, so the NPA did not hand over the record.
Ongoing delays
Throughout 2012 and 2013, the DA fought for the release of the tapes, facing ongoing delays from Zuma’s lawyers. The DA lodged applications in the high court to attempt to force the NPA to comply with the SCA order, but these led to further appeals from Zuma’s legal team.
Throughout 2012 and 2013, the DA fought for the release of the tapes, facing ongoing delays from Zuma’s lawyers. The DA lodged applications in the high court to attempt to force the NPA to comply with the SCA order, but these led to further appeals from Zuma’s legal team.
On 18 August 2014 however, the president’s legal team fell apart at the SCA, conceding that they had no argument for keeping the tapes out of the hands of the DA.
Ten days later, the Supreme Court of Appeal dismissed Zuma’s application to prevent the release of the tapes.
The NPA now has five days to comply with the previous court order and release the tapes.
NPA probing SCA criticism of top official
2014-09-02 11:39
ohannesburg - The National Prosecuting Authority is looking into the criticisms made by the Supreme Court of Appeal against a top official, it said on Tuesday.
"The NPA takes the judicial criticism very seriously and is of the view that as a constitutional institution disregarding of such criticism would be tantamount to undermining the rule of law, consequently eroding the effectiveness of the judiciary," it said in a statement.
"In the recent past, the NPA has reacted to the judicial criticism by taking the necessary action against those officials against whom the criticisms were directed."
The same would be done now, the NPA said.
The office of the national director of public prosecutions received an unprecedented tongue-lashing in the Zuma "spy tapes" order handed down by the Supreme Court of Appeal on Thursday.
The SCA said it recently, in another matter, criticised the NDPP's office for being "less than candid and forthcoming".
In its ruling it said: "In the present case, the then [acting] NDPP Ms [Nomgcobo] Jiba provided an 'opposing' affidavit in generalised, hearsay, and almost meaningless terms.
"Affidavits from people who had first-hand knowledge of the relevant facts were conspicuously absent.
"Furthermore, it is to be decried that an important constitutional institution such as the office of the NDPP is loath to take an independent view about confidentiality, or otherwise, of documents and other materials within its possession, particularly in the face of an order of this court."
The SCA ended its ruling by saying: "This conduct is not worthy of the office of the NDPP. Such conduct undermines the esteem in which the office of the NDPP ought to be held by the citizenry of this country."
The Democratic Alliance on Monday called on Justice Minister Michael Masutha to make the necessary recommendations to remove deputy NPA head Jiba from office following the ruling.
NPA opposes DA's spy tapes review
2015-02-09 17:11
Johannesburg -The National Prosecuting Authority (NPA) has informed the DA that it will oppose the party's application to review the dropping of charges against President Jacob Zuma.
"The NPA is aware of the court date that the DA has set down on the unopposed court roll," NPA spokesperson Velekhaya Mgobhozi said.
"The NPA has indicated to the DA that it will oppose the matter. This would mean the case would have to be removed from the unopposed roll and set down for an agreed date on the court roll."
Mgobhozi said the NPA would file its opposing papers well before the court deadline.
Last week, the DA said the North Gauteng High Court in Pretoria would hear its application on March 16 unopposed.
The opposition party was handed the spy tapes last year after the Supreme Court of Appeal ruled that the NPA had to comply with a previous order to release the tapes. Zuma had opposed the move.
The recordings, internal memoranda, reports and minutes of meetings dealing with the contents of the recordings had to be provided.
The tapes, containing recorded phone conversations, allegedly reveal collusion between the former head of the Directorate of Special Operations (the now defunct Scorpions) Leonard McCarthy, and the NPA's former head Bulelani Ngcuka, to manipulate the prosecutorial process before the ANC's Polokwane conference in 2007.
Zuma was elected ANC president at the conference. Former president Thabo Mbeki had been a contender for another term.
The charges were dropped shortly before Zuma was sworn in as president in 2009. The then acting National Director of Public Prosecutions, Mokotedi Mpshe, said the tapes showed there was a political conspiracy against Zuma and so the case against him could not continue.
The Sunday Times published a compilation of transcripts from the so-called spy tapes after the newspaper was granted access to them by the North Gauteng High Court in Pretoria.
Mgobhozi on Monday said there was a large amount of work which would go into the matter.
The NPA was having difficulty consulting with the acting NPA head at the time, Mpshe, and his deputy.
Mpshe was currently working as an acting judge and had a tight schedule.
"This has made it difficult to consult with him on the issues," he said.
De Kock saga ‘like something out of a spook novel’
2015-03-22 12:41Pretoria - Apartheid killer Eugene de Kock’s lawyer has appealed to the minister of justice and correctional services, Michael Masutha, to release his client who is being held in a secret location.
According to the Sunday Times, De Kock’s lawyer Julian Knight said he was due to be released in January on parole but has been taken all over “the bloody country ... against his will”.
“It’s literally like something out of a spook novel,” he said adding that everyone is denying they have him.
De Kock’s close friend, Sarel Kruger, said on Saturday he was concerned about the whereabouts of the prisoner. “When he was in prison, you knew he was in prison. Now nobody knows where he is,” said Kruger.
Meanwhile Knight said that if Masutha fails to transfer De Kock to the community corrections section for his parole conditions and released from custody, he will bring a writ of habeus corpus before the court, which is a demand to the authorities to produce a missing person in court.
Depts decline to comment
Last week News24 reported that Eugene De Kock is out of jail but has apparently been secretly handed over to security forces for detention against his will.
Justice and correctional services ministry, the State Security Agency, and the SA Police Service declined to comment.
Knight does not know where he is but has received instructions from him asking for help, saying he is being kept against his will.
"We are instructed by our client that, to date, he has not been released from custody and has not been handed over to community corrections to commence his parole."
In the care of police
Knight said paperwork indicated he was in the care of the SAPS.
Knight wants De Kock to be handed to the correctional services community corrections division and that he be released on parole.
De Kock commanded an apartheid police hit squad based at Vlakplaas. He was sentenced in 1996 to two life sentences plus 212 years for offences including murder.
On 30 January Masutha announced he had approved De Kock's parole.
Illusive Jiba faces fraud, perjury charges
2015-03-24 18:54
ohannesburg - A summons for deputy National Director of Public Prosecutions (NDPP)Nomgcobo Jiba to appear in court on charges of fraud and perjury has been handed to her superior, the NPA said on Tuesday.
"The NPA can confirm that... a summons was served on the NDPP Mr Mxolisi Nxasana, as the employer, in order for him to serve it on Deputy NDPP Ms Nomgcobo Jiba, to appear on criminal charges in Regional Court 19, Pretoria on 21 April, 2015," spokesperson Velekhaya Mgobhozi said in a statement.
He said police had difficulty serving the summons on Jiba, and that she had failed to co-operate.
"The NDPP had also earlier tried to contact her a number of times for an unrelated meeting, but she failed to respond."
She had not been at her office, but there was no record of her having applied for leave, he said.
The National Prosecuting Authority had decided to prosecute Jiba on two counts of fraud and one of perjury.
This came after the NPA abandoned its attempt to overturn a high court ruling setting aside all charges against suspended KwaZulu-Natal Hawks head Johan Booysen.
"This is in respect of her authorisation of racketeering charges against Major General Booysen on the basis of having had due regard to the veracity of the said charges."
Her sworn affidavit was contradicted by the fact that Jiba signed the authorisation two weeks prior to the statement, on which she supposedly based her authorisation, having been deposed.
At the end of February, Judge Trevor Gorven condemned a decision by Jiba, who was acting NDPP at the time, to prosecute Booysen, saying the charges did not meet even the barest of minimum requirements.
"Even accepting the least stringent test for rationality imaginable, the decision of the NDPP does not pass muster," he wrote in his ruling.
"I can conceive of no test for rationality, however relaxed, which could be satisfied by her explanation. The impugned decisions were arbitrary, offend the principle of legality and, therefore, the rule of law and were unconstitutional."
Cato Manor
Booysen, who was head of the now-disbanded Cato Manor serious and violent crimes unit, had been charged, along with his former colleagues, of running a criminal enterprise.
Members of the unit are expected to stand trial on a range of charges, including 28 murder counts, later this year.
They allegedly carried out paid hits in the KwaZulu-Natal minibus taxi wars.
Jiba said in her court papers that the unit acted like an organised crime organisation.
Booysen was charged in August 2012 with managing and participating in racketeering. Booysen was also accused of two murders, unlawful possession of a firearm and ammunition, and defeating or obstructing the course of justice.
Gorven wrote in his judgment that the prosecution had conceded that nothing in the dockets implicated Booysen.
In November the General Council of the Bar (GCB) announced it would bring a high court application to bar Jiba, special director of the specialised commercial crimes unit Sthembiso Lawrence Mrwebi, and North Gauteng DPP Sibongile Mzinyathi from practice.
Alternatively, it would seek to have them struck from the advocates' roll.
The office of the NDPP had asked that the GCB bring the applications against the three in terms of section seven of the Admission of Advocates Act.
The story of Nomgcobo Jiba should make her the primary subject of Zuma’s inquiry
Note to editors: The following remarks were made during a press conference by DA Parliamentary Leader, Mmusi Maimane MP, DA Shadow Minister of Justice, Adv Glynnis Breytenbach MP and DA Shadow Deputy Minister of Justice and Correctional Services, Werner Horn MP on why it is critical that deputy NPA boss, Nomgcobo Jiba, be included in the Nxasana Inquiry.
On 5 July 2014 President Jacob Zuma, acting in accordance with section 84 (2)(f) of the Constitution, announced an Inquiry into the sitting National Director of Public Prosecutions (NDPP), Mxolisi Nxasana.
This was because President Zuma no longer felt that Nxasana was a fit and proper person to hold office as he had not obtained the necessary security clearance from the State Security Agency due to a run-in with the law some twenty years ago.
President Zuma should have waited for Mr Nxasana to get security clearance before appointing him in the first place. In any event, Mr Nxasana settled his business with the courts and was acquitted of murder which made him eligible to hold office. The DA soon came to the conclusion that Mr Zuma used the matter of security clearance as a pretext to get rid of Mr Nxasana because he was determined to carry out the duties of the office independently, and without fear or favour. He has done so ever since. This, one can only assume, constituted an irretrievable breakdown in the relationship for Mr Zuma.
All the while, deputy Director of National Public Prosecutions, Nomgcobo Jiba, wreaked havoc on the National Prosecuting Authority (NPA) without any consequence from the Justice Minister and the President himself. Ms Jiba’s conduct has indeed seen the erosion of the NPA. Knowing all this President Zuma has failed to act appropriately but has instead targeted Mr Nxasana who has no pending matters before the courts and has discharged his mandate independently.
Why is that?
As such the DA today announces our intention to make a formal submission to the President to have Ms Jiba included in the Inquiry. We submit that for him to absolve her of such a probe would be a gross miscarriage of justice. The President’s decision not to include her in the terms of reference is irrational and he must diligently consider the DA’s submissions.
It is inexplicable that Mr Nxasana should find himself on the line in an Inquiry, while Ms Jiba was expressly found by the Supreme Court of Appeal to be unfit for office and found to be dishonest by the KwaZulu Natal High Court. It therefore beggars the mind why Mr Nxasana is the subject of Inquiry and why Ms Jiba isn’t.
South Africa has one of the strongest constitutional legislative frameworks in the world. It is designed to ensure that all her citizens live in safety and security, and that everyone is equal before the law. It is these principles that should guide the criminal justice system in the performance of its duties.
The President, instead of reaffirming this constitutional imperative, has used his powers of appointment to parachute people into high positions of power who represent the very worst in our criminal justice system.
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 presumably all for one man.
Indeed Ms Jiba has done all in her power to ensure that President Zuma and those close to him – like the disgraced Crime Intelligence Head, Richard Mdluli – escape accountability.
Ms Jiba was promoted from senior Deputy Director of Public Prosecutions (DDPP) to DNDPP – an incredible feat – over the heads of many other more capable senior officials in the NPA. This was done by President Zuma at the death of the Menzi Simelane reign of destruction at the NPA. The move was clearly designed to take over the protection of the President where Simelane, and Mokotedi Mpshe before, had left off.
Ms Jiba has operated with Machiavellian efficiency and apparent impunity, destroying the NPA and the Rule of Law, with no regard for the damage done to the NPA.
She clearly thought she could do so without consequence, enjoying the protection of the President. So much so that her husband, Booker Nhantsi, was pardoned and had his criminal record expunged for no apparent reason after having been convicted of stealing trust monies by the Mthatha High Court. Whether or not she was behind this is unclear but certainly raises questions.
Ms Jiba’s conduct has subsequently been slated by various courts. To make matters worse, it is still unclear whether or not she is in fact an admitted advocate. Inexplicably, she has not provided any irrefutable evidence of her admission as an advocate.
Despite all this, President Zuma has found it fit to retain her in her current position when she is clearly not beyond reproach as a person of her station ought to be.
The timeline of Ms Jiba’s troubled career in our criminal justice system is as follows:
She appears to have developed a serious grudge against Gerrie Nel for what she perceived as his involvement in the criminal investigation and prosecution of her husband – Booker Nhantsi.
Nhantsi was tried and convicted and sentenced to a term of imprisonment for theft of trust monies while he had practiced as an attorney in the Transkei. After being the only one in this matter to have his record expunged he was appointed as prosecutor and Deputy Director of Public Prosecutions. Why was he given this treatment?
After serving his term of imprisonment, Nhantsi’s criminal record was expunged by President Zuma for reasons that are not known, and he now enjoys a well-paid job in government service. Until mr Zuma can make clear this series of events it is unclear whether Ms Jiba was involved in securing this preferential treatment for her husband.
She oversaw the investigation and prosecution of the KZN Hawks boss, Johan Booysen – authorising charges of racketeering without any basis in law, as found by the KZN High Court in a scathing judgment on her fitness to hold office for allegedly perjuring herself. This is conduct for which she currently faces criminal charges.
She oversaw the withdrawal of murder and corruption charges against Richard Mdluli. She was subsequently suffered a scathing indictment by the North Gauteng High Court.
Ms Jiba also presided over the Spy Tapes saga which saw an almost six year delay for which she was instrumental in ensuring. The Supreme Court of Appeal explicitly stated that she acted in a manner that made her unfit to hold her position.
Ms Jiba has, since the onset of her career in this office, behaved in a manner most unbecoming of a prosecutor, and has brought the NPA into disrepute in the process.
She appears to have developed a serious grudge against Gerrie Nel for what she perceived as his involvement in the criminal investigation and prosecution of her husband – Booker Nhantsi.
Nhantsi was tried and convicted and sentenced to a term of imprisonment for theft of trust monies while he had practiced as an attorney in the Transkei. After being the only one in this matter to have his record expunged he was appointed as prosecutor and Deputy Director of Public Prosecutions. Why was he given this treatment?
After serving his term of imprisonment, Nhantsi’s criminal record was expunged by President Zuma for reasons that are not known, and he now enjoys a well-paid job in government service. Until mr Zuma can make clear this series of events it is unclear whether Ms Jiba was involved in securing this preferential treatment for her husband.
She oversaw the investigation and prosecution of the KZN Hawks boss, Johan Booysen – authorising charges of racketeering without any basis in law, as found by the KZN High Court in a scathing judgment on her fitness to hold office for allegedly perjuring herself. This is conduct for which she currently faces criminal charges.
She oversaw the withdrawal of murder and corruption charges against Richard Mdluli. She was subsequently suffered a scathing indictment by the North Gauteng High Court.
Ms Jiba also presided over the Spy Tapes saga which saw an almost six year delay for which she was instrumental in ensuring. The Supreme Court of Appeal explicitly stated that she acted in a manner that made her unfit to hold her position.
Ms Jiba has, since the onset of her career in this office, behaved in a manner most unbecoming of a prosecutor, and has brought the NPA into disrepute in the process.
The DA has just this week been able to obtain an affidavit from the NPA as to why the 783 charges against President Jacob Zuma were dropped in the first place.
Most recently Ms Jiba has displayed a level of impunity that could only be informed by the protection provided by those senior political leadership. With wanton disregard for due process 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 Inquiry by the Pretoria Bar Council, 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.
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 Inquiry by the Pretoria Bar Council, 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.
At the time when it became obvious, even to President Zuma, that she could not be appointed permanently as NDPP without being challenged, he appointed Mr Nxasana. It is therefore implicit in his decision not to make her permanent that she is not for office.
In the face of this overwhelming preponderance of egregious misconduct, President Jacob Zuma simply cannot allow Ms Jiba to continue this assault on our nation’s prosecuting authority.
She has lied, cheated and misled both the public and the courts by influencing matters of great importance in the name of political patronage.
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 this ongoing probe into Nxasana
NPA, police to meet over Jiba summons
2015-03-26 19:46
Johannesburg - A senior SA Police Service official is expected to meet the NPA on Friday to discuss a summons for deputy National Director of Public Prosecutions (NDPP) Nomgcobo Jiba, police said.
Gauteng's head of crime detection Major General Norman Taioe, who is investigating the matter, would lead the meeting, spokesperson Solomon Makgale said on Thursday.
On Tuesday, the National Prosecuting Authority said a summons for Jiba to appear in court on charges of fraud and perjury had been handed to her superior, NDPP Mxolisi Nxasana, after she could not be found.
It required her to appear in the Pretoria Regional Court on 21 April.
Makgale on Wednesday denied they were looking for Jiba, and said no summons was issued for her arrest.
"It is worth mentioning that the issuing of the summons was not done in consultation with the SAPS’s investigating officer," he said at the time.
The charges against Jiba relate to her failed bid to lay murder and racketeering charges against suspended KwaZulu-Natal Hawks head Major General Johan Booysen.
In February last year, KwaZulu-Natal High Court Judge Trevor Gorven set aside the charges, saying they did not meet even minimum standards.
Nxasana was expected to brief media about the matter on Friday.
DA praises prosecutions boss
2015-03-27 21:04
Johannesburg - Prosecutions head Mxolisi Nxasana should be commended for taking a stand against his deputy Nomgcobo Jiba and national police commissioner Riah Phiyega, the DA said on Friday.
"Mxolisi Nxasana has conducted himself with distinction throughout this debacle," Democratic Alliance MP and former National Prosecuting Authority prosecutor Glynnis Breytenbach said in a statement.
She praised Nxasana, who is national director of public prosecutions, for making it clear that Jiba enjoyed protection from a source much higher than Phiyega.
Nxasana told reporters in Pretoria on Friday that Phiyega's intervention in the case against Jiba was worrying.
"Because of my position, I wouldn't venture into saying what she is doing is defeating the ends of justice. All I am saying is that I am concerned with her involvement in the matter. I asked her, and I am asking you, does she really do this in all other matters where ordinary suspects are involved?"
Jiba refused to accept summons
Nxasana said he got a call from Phiyega after senior police officers delivered a summons against Jiba.
Since Jiba was not at her workplace, Nxasana was handed the summons, which he delivered to Jiba.
He said Jiba refused to accept the summons. It required her to appear on criminal charges in the Pretoria Magistrate's Court on 21 April.
He said Jiba refused to accept the summons. It required her to appear on criminal charges in the Pretoria Magistrate's Court on 21 April.
"When I received a call from the national police commissioner, to be honest I still don't know what was the reason for her call. She said the summons was not issued properly," Nxasana said.
"I'm still battling to understand what it is that she wanted from me. I am talking with confidence as jurist and as a person who received the summons."
On Wednesday, Phiyega's spokesperson Lieutenant General Solomon Makgale denied they were looking for Jiba, and said no summons had been issued.
"It is worth mentioning that the issuing of the summons was not done in consultation with the [SA Police Service's] investigating officer," he said at the time.
Nxasana actions ‘by the book’
The charges against Jiba relate to her failed bid to lay murder and racketeering charges against suspended KwaZulu-Natal Hawks head Major General Johan Booysen.
In February last year, Durban High Court Judge Trevor Gorven set aside the charges, saying they did not meet even minimum standards.
Breytenbach said Nxasana had done everything "by the book".
"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," Breytenbach said.
"She has brought not only the NPA into disrepute, but also the profession of prosecuting and is an embarrassment to all other prosecutors."
Breytenbach called on President Jacob Zuma to take action against Jiba.
The South African Policing Union said it was shocked by Phiyega's actions.
"This is not just political interference, this is a pure criminal offence," general secretary Oscar Skommere said in a statement.
"The national commissioner should be charged criminally for defeating the ends of justice. This latest revelation makes it a necessity that General Phiyega step aside pending an inquiry into her fitness to hold office."
The union called on Zuma to suspend her.
Phiyega's involvement in Jiba case worrying - NPA
2015-03-27 14:14
Pretoria - The intervention of national police commissioner Riah Phiyega in the case against deputy prosecutions boss Nomgcobo Jiba is worrying, the National Prosecuting Authority said on Friday.
"I won't want to say that I believe that she is protected. I want to say a perception is created, and it's unavoidable, that she is being protected at all costs," National Director of Public Prosecutions (NDPP) Mxolisi Nxasana told journalists in Pretoria.
"Because of my position, I wouldn't venture into saying what she is doing is defeating the ends of justice. All I am saying is that I am concerned with her involvement in the matter. I asked her, and I am asking you, does she really do this in all other matters where ordinary suspects are involved?"
Nxasana said he received a call from Phiyega after senior police officers delivered a summons against Jiba. Since Jiba was not at her workplace, Nxasana was handed the summons, which he delivered to Jiba.
He said Jiba, the deputy NDPP, refused to accept the summons. It required her to appear on criminal charges in the Pretoria Magistrate's Court on 21 April.
"When I received a call from the national police commissioner, to be honest I still don't know what was the reason for her call. She said the summons was not issued properly," Nxasana said.
"I'm still battling to understand what it is that she wanted from me. I am talking with confidence as jurist and as a person who received the summons."
On Wednesday, Phiyega's spokesperson Solomon Makgale denied they were looking for Jiba, and said no summons had been issued.
"It is worth mentioning that the issuing of the summons was not done in consultation with the [SA Police Service's] investigating officer," he said at the time.
The charges against Jiba relate to her failed bid to lay murder and racketeering charges against suspended KwaZulu-Natal Hawks head Major General Johan Booysen.
In February last year, KwaZulu-Natal High Court Judge Trevor Gorven set aside the charges, saying they did not meet even minimum standards.
There is also a rift between the South African Police Service (SAPS) and NPA on the matter, with SAPS officials saying the NPA was too hasty in issuing the summons.
FIRST ON EWN: See the charge sheet and summons issued for deputy NPA head Nomgcobo Jiba pod702.co.za/Eyewitnessnews…
FIRST ON EWN: See the charge sheet and summons issued for deputy NPA head Nomgcobo Jiba pod702.co.za/Eyewitnessnews…
documents drawn up by Sheldon Morais
#Jiba Senior police sources say they believe the charge sheet and summons show a faction of NPA is driving prosecution of Jiba.
The only people attempting to jeopardize the case against Jiba are the once that should be investigating it. I wander, what is going to happen to any other person hiding from the police, refusing to sign acknowledgement of receipt of summons, refusing to cooperate with the police, disappearing from work without informing her superior for 2 days.
@Made Inthe-South Interesting choice of investigating officer. One does not need to go very far back and check the Selebi saga.
How is it that Jiba does not know that SAPS is looking for her, she has been on national news for the last few days, does she not read the news or watch TV?
@ Jannie. Now you know why No1 has been trying to get the NPA to fall under SAPS for years now. As he did with the Scorpions and also now the Hawks. Then he keeps himself out of lock up for years to come.
This was adressed to me recently:Made Inthe South, the bone of contention in the Hawks is the protection of Mdluli supporters with the knowledge that he has the President's ear. Let me tell you, if Phiyega was honest about cleaning house, she shall have suspended Major General Simon Mapyane who is facing fraud charges in Mpumalanga since May 2013 and not transfer him to Head Quarters of Hawks where all the corruption files are kept; She shall have suspended Major General Jan Mabula of North West for the death of Solomon which is investigated by the IPID; she shall have suspended Colonel Killer Ximba of Crime Intelligence who has a criminal record and is under investigation via KemptonPark CAS 865-01-2012 for perjury; She shall have suspended Kille Ximba's sibling Portia Nhlanhla Mdlalose for perjury via Brook lyn CAS 37-01-2012; she shall have charged the members who used R200 000,00 from slush fund to built the wall of Minister Mthethwa; she shall have charged Mdluli for appointing his two wives Lilly Mdluli and Theresa Lyons as colonels, his daughter Bonny Mdluli as Lieutenant Colonels, his son Clement Mdluli as Captain when they were mere clerks; She shall have suspended Lieutenant General Lamoer who is under investigation for serious crime cont: The Detectives do not have mandate to investigate serious commercial crime involving R60m, that is the responsibility of the Serious Economic Offences of the Hawks in Pretoria. Major General Benny Ntlemeza was appointed by Mdluli to investigate allegations against Mdlul andreport the findings to Mdluli; Phiyega is not cleaning house, she cant do it with dirty hands from tipping Lamoer and misleading Marikana Commission
At NPA it doesn't matter which faction you belong to. Whether you belong to faction sympathetic to JZ like Jiba, someone will get you somehow. But if you want to hasten your exit, say something like "I'll defend SA constitution and prosecute anyone put in front of me irrespective of status". Nxasana said that and he's battling for his job.
Police accuse NPA head of protecting Breytenbach
2015-03-29 10:57
Johannesburg - Police are now pointing fingers at the National Prosecuting Authority boss Mxolisi Nxasana accusing him of protecting DA MPGlynnis Breytenbach, just days after he accused them of protecting deputy prosecutions boss Nomgcobo Jiba.
The Sunday Times reported that police commissioner Riah Phiyega’s spokesperson ,Solomon Makgale, said on Saturday that a police investigation into Breytenbach was allegedly being block by Nxasana.
Makgale said police were investigating complaints of possible fraud against Breytenbach.
He said initially they were making good progress but have now hit a brick wall because the people with information within the NPA are refusing to talk to them.
Makgale told the newspaper the NPA staffers say during an open management meeting they were told by advocate Nxasana that they should not co-operate with the investigation.
On Friday Nxasana said the intervention by Phiyega in the case against Jiba is worrying.
"I won't want to say that I believe that she is protected. I want to say a perception is created, and it's unavoidable, that she is being protected at all costs," Nxasana told journalists in Pretoria.
"Because of my position, I wouldn't venture into saying what she is doing is defeating the ends of justice. All I am saying is that I am concerned with her involvement in the matter. I asked her, and I am asking you, does she really do this in all other matters where ordinary suspects are involved?"
At the time Breytenbach said Nxasana should be commended for taking a stand against his deputy and the national police commissioner.
"Mxolisi Nxasana has conducted himself with distinction throughout this debacle," the DA MP said in a statement.
She praised Nxasana, who is national director of public prosecutions, for making it clear that Jiba enjoyed protection from a source much higher than Phiyega.
Nxasana said he received a call from Phiyega after senior police officers delivered a summons against Jiba. Since Jiba was not at her workplace, Nxasana was handed the summons, which he delivered to Jiba.
According to Sapa he said Jiba, the deputy NDPP, refused to accept the summons. It required her to appear on criminal charges in the Pretoria Magistrate's Court on 21 April.
"When I received a call from the national police commissioner, to be honest I still don't know what was the reason for her call. She said the summons was not issued properly," Nxasana said.
"I'm still battling to understand what it is that she wanted from me. I am talking with confidence as jurist and as a person who received the summons."
On Wednesday, Phiyega's spokesperson Solomon Makgale denied they were looking for Jiba, and said no summons had been issued.
"It is worth mentioning that the issuing of the summons was not done in consultation with the [SA Police Service's] investigating officer," he said at the time.
The charges against Jiba relate to her failed bid to lay murder and racketeering charges against suspended KwaZulu-Natal Hawks head Major General Johan Booysen.
In February last year, KwaZulu-Natal High Court Judge Trevor Gorven set aside the charges, saying they did not meet even minimum standards.
NPA, police hold cordial meeting - report
2015-03-31 13:41
Pretoria - The National Prosecuting Authority and the SA Police Service confirmed they have held a meeting to sort out a spat that started after a summons was issued on deputy national director of public prosecutions Nomgcobo Jiba.
Eyewitness News reported on Tuesday that the police’s Major General Norman Taioe and the NPA’s Jan Ferreira of the NPA met and agreed on how to take matters further.
Last week, NPA boss Mxolisi Nxasana told reporters that Jiba had refused to accept a summons for her to appear in court on charges of fraud and perjury, reported News24.
Police officials told EWN last week that the summons shows the prosecuting authority is driving a case against Jiba.
But Nxasana said he found it strange that the police would accuse the authority of “pushing a personal agenda against [Jiba]”.
He said the suggestion of an agenda was ludicrous.
The NPA boss says he's been advised that the investigation against Jiba "is not going anywhere".
Police spokesperson Solomon Makgale told the broadcaster the meeting was satisfactory and agreements had been reached between the two organisations.
DA wants Jiba to face inquiry
2015-04-02 14:02 Genevieve Quintal, News24
Johannesburg - National Prosecuting Authority (NPA) deputy head Nomgcobo Jiba is unfit to hold office and should be included in the inquiry into her boss Mxolisi Nxasana, the Democratic Alliance said on Thursday.
"What is clear is that one person is being politically favoured, having committed worse crimes," DA Parliamentary leader Mmusi Maimane told reporters in Johannesburg.
"Our view is that the president is protecting Miss Jiba [and] wants to deal with Mr Nxasana ultimately to avoid his own prosecution in long run.
"We can't have a president who... will apply an irrational process in appointing and setting up an inquiry against a sitting head of the National Prosecuting Authority."
Formal submission
The DA intended on making a formal submission to President Jacob Zuma to have Jiba included in the inquiry.
Last year, Zuma announced an inquiry into Nxasana to determine his fitness to hold office.
This was after reports emerged that he had not been given security clearance because of past cases against him, which included not being tried for murder 30 years ago.
He was acquitted of the charge based on his version of self-defence.
Jiba is currently facing criminal charges of fraud and perjury.
The General Council of the Bar (GCB) has also announced that it would bring a high court application to bar Jiba, special director of the specialised commercial crimes unit Lawrence Mrwebi, and North Gauteng director of public prosecutions Sibongile Mzinyathi from practice.
Alternatively, it wanted to have them struck from the advocates' roll.
'Gross miscarriage of justice'
The DA on Thursday, said for Zuma to absolve Jiba of a probe would be a "gross miscarriage of justice".
DA MP Glynnis Breytenbach said Jiba had operated with Machiavellian efficiency and impunity, destroying the NPA.
"She clearly thought she could do so without consequence, enjoying the protection of the president," Breytenbach said.
"Ms Jiba has, since the onset of her career in this office, behaved in a manner most unbecoming of a prosecutor, and has brought the NPA into disrepute in the process."
Breytenbach was herself a former prosecutor at the NPA. She was suspended from the prosecuting authority and faced a disciplinary hearing.
In May 2013, the NPA disciplinary hearing found her not guilty and allowed her to return to work, however, she had been transferred.
Breytenbch tried to apply to have her transfer overturned in the Labour Court but was unsuccessful. She resigned and joined the DA as an MP.
The DA said the president had no choice but to suspend Jiba and institute an inquiry into her behaviour.
Spokesperson: Justice minister didn't miss inquiry deadline
2015-04-06 22:52
Justice Minister Michael Masutha has submitted all the information in his possession to the inquiry into National Director of Public Prosecutions Mxolisi Nxasana as required, his office said on Monday.
"The file was submitted on the date he was required to do so by the rules of the inquiry," spokesperson Mthunzi Mhaga said in an sms to News24.
"The secretary had handed the received information to the evidence leaders who are considering the matter and may require further information from the various sources necessary to formulate evidence on which Mr Nxasana must answer. He [Masutha] is therefore not required to make a submission or is there any directive requiring the same."
Mhaga said the information was submitted on March 6.
Earlier on Monday, Democratic Alliance MP Glynnis Breytenbach said Masutha had failed to meet a deadline to make submissions to the inquiry into Nxasana's fitness to hold office.
"The minister was required to file his submissions by March 27 2015” and “has to date not filed his submissions”, Breytenbach said in a statement.
She was quoting from a ruling by the inquiry’s chairperson, advocate Nazeer Cassim SC that gave Masutha until April 20 to make “full submissions”.
President Jacob Zuma established the inquiry in February to probe whether Nxasana brought the National Prosecuting Authority into disrepute for his alleged failure to disclose an acquittal on a murder charge, due to self-defence, in 1985, and previous charges of assault and resisting arrest.
It was given six weeks to conclude its work.
Cassim is being helped by advocates Lindi Nkosi-Thomas SC and Sthembiso Mdladla.
NPA deputy head due in court for fraud and perjury
2015-04-21 09:17
Mpho Raborife, News24
Pretoria - National Prosecuting Authority (NPA) deputy head Nomgcobo Jiba is expected to appear in the Pretoria Regional Court on Tuesday on charges of fraud and perjury.
"She is appearing [in court] in relation to what was in the summons," NPA spokesperson Velekhaya Mgobhozi said.
The charges against Jiba relate to her failed bid to lay murder and racketeering charges against suspended KwaZulu-Natal Hawks head Major General Johan Booysen.
In February last year, KwaZulu-Natal High Court Judge Trevor Gorven set aside the charges, saying they did not meet even minimum standards.
Last month NPA head Mxolisi Nxasana said senior police officers delivered a summons against Jiba. It required her to appear on criminal charges in the Pretoria Regional Court on April 21.
Since Jiba was not at her workplace, Nxasana was handed the summons, which he delivered to her. He said Jiba refused to accept the summons.
Jiba detective met secretly with NPA - police
2015-05-06 20:00
johannesburg - A senior detective in the investigation of Deputy National Director of Public Prosecutions Nomgcobo Jiba met secretly with NPA officials to take instructions from them, national police said on Wednesday.
Lieutenant General Solomon Makgale said the termination of the employment contract of Colonel Marthinus “Boats” Botha, which was due to end on June 30, followed possible misconduct by him in relation to the case.
"After obtaining information about the unauthorised and irregular involvement of Colonel Botha in the issuance summons against Advocate Nomgcobo Jiba... we requested him to provide a statement about his role," Makgale said.
"It was clear from the statement he provided that he secretly met with NPA officials to discuss the case and took instructions from them about issuance of the summons without informing the investigating officer and his commander, Major General Norman Taioe."
Makgale said the SA Police Service management was disappointed that Botha "conducted himself in an unprofessional manner".
"His conduct not only blatantly undermined his superiors, but it also has the potential of jeopardising investigation of the case. This act has irreparably damaged the relationship between Colonel Botha and SAPS," he said.
"Throughout these meetings, Colonel Botha was aware that Major General Taioe was the investigating officer in the case and his commander, but he chose to disregard General Taioe and kept him in the dark about his meetings with the NPA and the resultant outcome from these discussions that a summons be served against Advocate Jiba.
"During these clandestine meetings with the NPA, Colonel Botha was not in possession of the case docket."
National Prosecuting Authority spokesperson Velekhaya Mgobhozi told News24 he would comment on the matter on Thursday.
Jiba’s summons
In March, Jiba allegedly refused to accept a summons for her to appear in court on charges of fraud and perjury for the failed prosecution of KwaZulu-Natal Hawks boss Johan Booysen.
In February last year, KwaZulu-Natal High Court Judge Trevor Gorven set aside the charges against Booysen, saying they did not meet even minimum standards.
At the time that the summons was issued, police claimed the NPA jumped the gun because the investigation was not ready to proceed to trial.
She appeared in the Pretoria Commercial Crimes Court on April 21, where her advocate, Zola Majavu, reportedly told the court there were serious irregularities related to the summons and that Taioe, as the investigating officer, told him the investigation was not complete.
The prosecutor Jan Ferreirra reported claimed that Botha was the investigating officer.
The matter was postponed to June 10.
Makgale said on Wednesday that Botha added a lot value to the SAPS investigative capacity, especially during the trial of culpable homicide convicted Paralympian Oscar Pistorius, and in investigations into rhino poaching.
"It is, therefore, sad that he and the SAPS had to part ways in this manner. His last day in the office was on April 28 2015. Management of the SAPS would like to thank him for his contributions and wish him well in his future endeavours."
Netwerk24 reported on Wednesday that Botha refused to comment on questions about whether he was targeted because of his investigation into Jiba.
He said he was getting legal assistance on the matter.
According to three independent sources Botha had been targeted to “humiliate” him.
Top detective in Jiba's case fired
2015-05-06 17:59
Cape Town - A senior detective in the investigation of Deputy National Director of Public Prosecutions Nomgcobo Jiba has been sacked on Wednesday, according to reports.
Eyewitness News reported that Colonel Boats Botha was fired for allegedly misleading prosecutors to serve Jiba’s summons.
In March Jiba, refused to accept a summons for her to appear in court on charges of fraud and perjury.
Speaking to the media, NPA boss Mxolisi Nxasana said he told Jiba she is expected to appear in court on April 21.
According to EWN there was confusion over whether Botha was the investigating officer in the case.
Botha, a retired cop, was also contracted to help with Oscar Pistorius’s case.
Netwerk 24 reported that Botha refused to comment on questions about whether he was targeted because of his investigation into Jiba.
According to three independent sources, however, said Botha had been targeted to “humiliate” him.
Nxasana understanding of 'protective role' questioned
2015-05-11 18:22
Johannesburg - National Director of Public Prosecutions Mxolisi Nxasana regarded the assault charges against him when he was a youth as ''not serious''.
This raised questions about his understanding of the authority's protective role, especially regarding gender-based violence, a planned submission to the Cassim Inquiry into his fitness to hold office read.
The submissions were to have been made by the minister of justice and correctional services on behalf of the presidency after the inquiry was scheduled to start on Monday, but it was called off at the last minute.
This was after the presidency called inquiry chair advocate Nazeer Cassim and told him it should not go ahead. The presidency has since said that they are "engaging" with Nxasana. No more information was given.
The submission noted that he had had three charges against him when he was a youth: A first charge of assault he said he could not remember, a murder charge where he was found not guilty on the grounds of self-defence (but he did not tell the president about it), and a conviction for assaulting his girlfriend.
He also had some complaints against him pending with the Law Society of KwaZulu-Natal and in regards to one of the complaints, the file had gone missing. He said he had left it at the Law Society's offices when he became NDPP, the document read.
He also did not reveal an arrest in 2012 in which he also laid a counter complaint, it claims.
Another of the matters the commission was to have investigated was his talking to the media, which he defended as saying he ''wanted to put the matter into correct perspective''.
Nxasana, whose appointment was announced on August 30 2013, had signed the security clearance form affidavit on December 4 2013, but in April 2014 asked for a meeting with SSA official Simon Ntombela, who had worked on the affidavit.
They met in May 2014 and Nxasana allegedly told Ntombela about the murder charge, but said because he had been acquitted he was not going to write it down.
He also indicated that he planned to apply to have his criminal record expunged, in terms of the Criminal Procedure Act, but he had not done so by August 2014.
In the submission, the minister said that the admissions had not prevented him from being admitted as an attorney, so asked ''why not tell the president''.
EDITORIAL: Inept NPA serves Zuma’s interests
NPA boss Nxasana ‘wants R6m’ to leave
2015-05-17 15:21
Johannesburg - Embattled National Prosecuting Authority head Mxolisi Nxasana wants millions in a golden handshake and two of his rivals out of the prosecuting authority before he will agree to leave, NPA sources have revealed.
City Press has been informed by three senior NPA sources that Nxasana wants R6m in compensation before he will consider leaving the NPA.
Nxasana, who had an inquiry into his fitness to hold office cancelled at the last minute, is said to be “very exhausted and bruised” by the airing of his dirty laundry in public.
A source close to Nxasana said the NPA boss was “under stress and pain” because of revelations about his past brushes with the law, and he wanted to spend time with his family.
“It has been a very difficult time for him and his family. Imagine when your children get to know that you once killed someone 30 years ago, and the matter gets brought up because of your position,” said a source close to Nxasana.
It emerged that Nxasana had failed to obtain security clearance because of a failure to disclose his past brushes with the law.
But a source familiar with negotiations taking place to pave the way for Nxasana’s exit dismissed the figure of R6m as a potential exit package, saying the prosecutions boss would hold out for more money.
“What is R6m? Nxasana wants more. The president wants to fire him, but he does not have any reasonable grounds to do so. The offer has to be irresistible for him because he has suffered a lot of reputational damage,” said the insider.
Plots
Another senior source within the NPA said one of Nxasana’s conditions was that his deputy,Nomgcobo Jiba, and the head of the specialised commercial crimes unit, Lawrence Mrwebi, be redeployed to another government department or entity as assurance to him that neither of them would end up leading the NPA.
Nxasana has previously written to President Jacob Zuma asking him to suspend the two NPA executives. He has been battling Jiba and Mrwebi since he was appointed, accusing them of plotting to oust him. The two have previously denied the allegations. They could not be reached for comment this week.
In March, Nxasana held a press conference to announce that he had tried unsuccessfully to serve Jiba with a summons to appear in court on charges of fraud and perjury.
The charges related to attempts by Jiba – when she was still acting NPA head – to charge KwaZulu-Natal Hawks boss Major General Johan Booysen with murder and racketeering over his involvement in an alleged police death squad unit.
However, those close to Jiba and Mrwebi said the two had not been informed by the presidency about Nxasana’s settlement demands.
Zuma’s spokesperson, Harold Maloka, did not respond to specific questions sent to him regarding Nxasana’s demands, but referred City Press to a statement issued on Monday confirming that Zuma had stopped the inquiry into Nxasana’s fitness to hold office.
In the statement, the presidency also said it would continue “engaging with Nxasana with a view to taking decisions which were in the best interests of the NPA, Mr Nxasana and the country at large”.
Maloka said the presidency would only make public the outcome of talks with Nxasana once they were concluded. But City Press understands that there had not been any contact between the parties in the past week.
Last July, Zuma served Nxasana with a letter informing him of his intention to suspend the prosecutions boss. But Nxasana rushed to court to challenge the move, saying he wanted more details regarding the reasons behind Zuma’s intention to suspend him.
A series of meetings were then held between the two, as well as between their legal representatives, following which Nxasana was allowed to remain at work.
Nxasana could not be reached for comment. His lawyer, Busani Mabunda, said they would only comment once the president had made an announcement relating to Nxasana’s future.
Cope up in arms about alleged NPA golden handshake
2015-05-17 21:12
Cape Town - The Congress of the People (Cope) on Sunday claimed President Jacob Zuma was "wasting millions in golden handshakes", after a newspaper reported that embattled NPA head Mxolisi Nxasana wanted R6m before he would consider leaving office."The Presidency and Nxasana, we learn, are discussing the quantum. Under the Zuma administration, it is no longer the rule of law that has priority. It is money, money, money," said Cope spokesperson Dennis Bloem."The truth, in the circumstances, is a constant loser under the ruling party."City Press newspaper on Sunday reported that it had been informed by senior NPA sources that Nxasana wanted R6m in compensation, and that one of his conditions was that his deputy,Nomgcobo Jiba, and the head of the specialised commercial crimes unit, Lawrence Mrwebi, be redeployed.An inquiry into Nxasana's fitness to hold office was cancelled at the last minute. According to the report, it emerged that he had failed to obtain security clearance because of a failure to disclose his past brushes with the law."If Nxasana was unfit to hold office, he should have braved the enquiry and faced the consequences of the outcome," Bloem said."We, as citizens, would have learnt why the vetting process failed or why it was subverted, for an ulterior motive as many are now suspecting."The Presidency said in a statement last week that it was in talks with Nxasana and it would communicate the outcome of such deliberations once they had been finalised.Nxasana’s lawyer, Busani Mabunda, told City Press they would only comment once the president had made an announcement on Nxasana’s future.Bloem said Zuma owed the nation a "full and proper" explanation.He added: "Cope will ask questions in parliament to ascertain from the president how much of our money he wasted in golden handshakes since he came to office. We regard these golden handshakes as fruitless and futile expenditure.""Mr Zuma and his legal counsel, in their opposing affidavit, rely primarily on conjecture, speculation and uncorroborated hearsay regarding every scandal and failing involving the NPA at the time," DA MP James Selfe said.
Jiba fraud trial to start in August
2015-06-10 13:11Jenni Evans, News24
pretoria - Deputy Director of Public ProsecutionsNomgcobo Jiba will go on trial for alleged fraud and perjury on August 19 in the Commercial Crimes Court in Pretoria, a court official said.
Jiba will have to answer to allegations of fraud and perjury believed to stem from her failed bid to lay racketeering charges against KwaZulu-Natal Hawks head Major General Johan Booysen.
In February last year, KwaZulu-Natal High Court Judge Trevor Gorven set aside the charges, saying they did not even meet minimum standards.
In March this year, Jiba allegedly refused to accept a summons for her to appear in court.
She eventually appeared on April 21, but her advocate, Zola Majavu, reportedly told the court there were serious irregularities related to the summons and that the investigating officer, Major General Norman Taioe, told him the investigation was not complete.
Prosecutor Jan Ferreirra reportedly claimed that a Colonel Marthinus “Boats” Botha was the investigating officer. In May, the SA Police Service said it had terminated Botha's contract.
‘Secret meetings’
National Police spokesperson Lieutenant General Solomon Makgale said at the time that Botha, who was a senior detective in the case against Jiba, had met secretly with NPA officials to take instructions from them.
"After obtaining information about the unauthorised and irregular involvement of Colonel Botha in the issuance summons against Advocate Nomgcobo Jiba... we requested him to provide a statement about his role," Makgale said at the time.
"It was clear from the statement he provided that he secretly met with NPA officials to discuss the case and took instructions from them about issuance of the summons without informing the investigating officer and his commander, Major General Norman Taioe."
Makgale said police management was disappointed that Botha "conducted himself in an unprofessional manner".
"Throughout these meetings, Colonel Botha was aware that Major General Taioe was the investigating officer in the case and his commander, but he chose to disregard General Taioe and kept him in the dark about his meetings with the NPA and the resultant outcome from these discussions that a summons be served against Advocate Jiba."
Zuma spy tape affidavit misleading - DA
2015-06-17 13:57
Genevieve Quintal, News24
Johannesburg - President Jacob Zuma's opposing affidavit in an application to review a decision to drop the corruption charges against him is completely misleading, the Democratic Alliance said on Wednesday.
Zuma, who was the third respondent in the so-called spy tape matter, filed his opposing affidavit last month.
"Mr Zuma’s opposing affidavit presents evidence with no clear intent other than to persist in the NPA’s narrative - in its affidavit - that the prosecuting authority at the time was generally manipulated by senior office holders to undermine Mr Zuma’s bid to be ANC president."
Earlier this month, Zuma asked for an extension to file court papers opposing a DA application.
This would be Zuma's heads of argument in the controversy that has dogged his political career since he was an MEC in KwaZulu-Natal, to his removal as deputy president and, finally, his ascendancy to president.
The DA was handed the spy tapes last year after the Supreme Court of Appeal ruled that the NPA had to comply with a previous order to release the tapes. Zuma opposed the move.
The tapes, containing recorded phone conversations, allegedly revealed collusion between the former head of the directorate of special operations (the now defunct Scorpions), Leonard McCarthy, and the NPA's former head, Bulelani Ngcuka, to manipulate the prosecution of Zuma before the ANC's Polokwane conference in 2007.
Selfe said Zuma's affidavit failed to answer the central question, which was: If there was a conspiracy, why could a competent judge not determine that it justified a permanent stay of prosecution, rather than former acting NPA boss Mokotedi Mpshe taking the decision to discontinue on the basis that Zuma was being maliciously prosecuted?
In response to the president's affidavit, the DA said it was still concerned with rationality of the challenged decision and the legality of the impugned decision.
Last week, City Press reported that the senior prosecutor in the corruption case against Zuma had broken ranks with the NPA and was maintaining that the charges should never have been dropped.
'Reduced to tears'
Advocate Billy Downer submitted an affidavit in which he contradicted some of the statements made by advocate Willie Hofmeyr, who filed the main affidavit on behalf of the NPA.
In the affidavit Hofmeyr filed in March, he defended the NPA’s decision to drop the case against Zuma, arguing that the decision was taken with regard to abuse of prosecutorial process and not just based on the merits of the charges.
But in his affidavit, Downer revealed that he was “reduced to tears” by the contents of the spy tapes, and he felt their contents did not justify a decision to stop the prosecution.
Selfe said this was a clear indication that the decision to drop the charges was politically motivated and had no rational basis in law.
"If advocate Downer’s claims are to be believed it confirms everything that the DA has long contended.
"Additionally, the finality of this matter relies, in part, on an independent NDPP in pursuance of justice, which is why the departure of Mxolisi Nxasana as NDPP is extremely disappointing. He brought much-needed stability and direction to an NPA that has been largely leaderless for some years now," said Selfe
Hit squad' hits out at Jiba
2015-07-13 18:37
jeff Wicks, News24
Durban - Members of an alleged police hit squad have launched the latest salvo in their protracted legal battle, this time in the form of a high court application to have racketeering charges against them set aside, and hold embattled National Prosecuting Authority (NPA) deputy head, Nomgcobo Jiba, responsible for their legal costs.
Filed last week, the application lists Jiba as a respondent in her personal capacity.
Other respondents include the lead prosecutor in the criminal case against the officers and the NPA's new national director of public prosecutions (NDPP) Advocate Shaun Abrahams.
Twenty-eight members of the unit were charged and the case against them has stretched over nearly four years since they were first arrested.
The squad face a litany of charges, including racketeering and murder, specifically of suspects during the course of their arrests.
They are alleged to have killed these suspects or rivals of taxi operators with whom they were doing business and planted weapons to create the impression that the killings were justified.
Their application mirrors that of KwaZulu-Natal Hawks boss Johan Booysen who was originally charged with the group, and who via a high court application had the racketeering charges against him set aside.
Judge Trevor Gorven, who set aside the charges, had scathing words for Jiba.
“Even accepting the least stringent test for rationality imaginable, the decision of the NDPP does not pass muster. I can conceive of no test for rationality, however relaxed, which could be satisfied by her explanation,” he ruled.
Jiba since charged with fraud, perjury
Jiba has since been charged with fraud and perjury relating to her handling of the Booysen matter.
The application this week is trying to have the decision by Jiba to charge the squad with racketeering declared invalid and set aside, on the basis that the decision to charge them was irrational and illegal.
They held that the material used by Jiba to formulate her decision to charge them with racketeering would be the same as that used to unsuccessfully charge Booysen.
In their application they assert there is no evidence to prove they were part of a criminal enterprise and further, that there is no way that Jiba could have “applied her mind” to the 23 dockets that form part of the case in one day, a task that took a defence team more than six weeks.
“We submit that the conduct of the first respondent [Jiba] is so egregious that it ought to be held that she overstepped the duties of the office she held when the impugned decisions were made to such an extent that she cannot hide behind the office she held at the time,” it reads.
Case against 'Cato Manor death squad' takes a knock
2015-07-16 19:59
Durban - As members of the so-called “Cato Manor death squad” challenge the racketeering charges they face in the KwaZulu-Natal High Court in Durban, the notion that they may have been part of an elaborate criminal enterprise is on shaky ground.
News24 can reveal that former police reservist Ari Danikas, touted as a lynchpin witness in the case against KwaZulu-Natal Hawks head Johan Booysen and the squad, has been left off the witness list because of concerns that he may be lying, among other things.
The squad, members of the now disbanded Serious and Violent Crimes Unit, and Booysen were arrested and charged with racketeering, murder and other crimes in 2012.
The justification for their arrest, made by the National Prosecuting Authority's then acting head,Nomgcobo Jiba, was that under Booysen the unit had run a hit squad.
Jiba claimed her decision was based on studying evidence from Danikas and others.
An e-mail, apparently penned by lead State advocate Gladstone Maema addressed to an attorney, and seen by News24, outlines the concerns about the strength of the testimony Danikas would offer.
The e-mail is dated January 23 2015.
“The consideration to use Mr Danikas as a witness in the ensuing trial was a real one earlier in our investigation, we even drafted the MLA documents asking authorities in Greece to assist to have the documents signed in accordance with the prescripts [documents are Danikas’s statement which was used as evidence, but never signed].”
'We're not sure the witness is telling us everything'
Maema said there were a “number of challenges” surrounding Danikas returning to South Africa to testify in the squad's trial.
“The incidents that Danikas refers to in his draft statement started in 2001 to 2007, a period not covered in the indictment [which begins covering the period of 2008 onwards]. Most of those incidents are not referred to in the indictment and do not have dockets which relate to them.
“The real possibility of other offences unrelated to Cato Manor that the witness may be involved in makes it a very risky consideration to expect him to come to the RSA for the purpose of testifying,” the e-mail reads.
“Section 204 requires a witness who expects indemnity from prosecution to testify openly and answer questions frankly and honestly, even those questions that may expose him or incriminate him. We are not sure that the witness is telling us everything, the chances of surprises in court are very real,” the document reads.
“We did not include Mr Danikas in the list of witnesses until we have a signed statement from him. We have to date not been able to convince our prosecution authorities that Mr Danikas’s evidence will assist the state case in any way.”
The decision to charge the squad and Booysen with racketeering, according to Jiba in her replying affidavit to his application, was that she had considered evidence in the dockets and four statements made by three key witnesses - one of them Danikas.
Danikas is a former police reservist and friend of Booysen. He now lives in Greece.
Booysen has already had the racketeering charges against him set aside after a successful and very similar high court application.
When Judge Trevor Gorven set the charges aside, he slammed Jiba’s decision to authorise the racketeering certificate.
The controversial Jiba is now fighting wars on several fronts, facing fraud and perjury charges, as well potential disbarment.
In an affidavit she filed in the latter, she now claims to have considered “information and advice placed before me for the purposes of granting authorisations” of the racketeering certificates.
“The statement [of Danikas] did not relate to a specific incident covered in the indictment, but was intended to corroborate the evidence in the possession of the prosecution team that Booysen was involved in the various activities giving rise to the charges…” she said.
In his successful application, Booysen maintained that his name had been mentioned only four times in nearly 300 witness statements, all saying that he had been seen at two scenes long after the shootings were over.
News24 approached the NPA for comment on the matter. They did not respond to pointed questions at the time of going to press.
NPA: Charges against Jiba withdrawn
2015-08-18 14:25
Pretoria - Charges of perjury and fraud against deputy NPA head Advocate Nomgcobo Jiba will be withdrawn in the Commercial Crimes Court in Pretoria.
Making the announcement on Tuesday, National Director of Public Prosecutions Shaun Abrahamssaid the decision was made following consultations with Advocate Marshal Mogathle.
“Late yesterday [Monday] I received a decision from the regional head in which he declined to prosecute Advocate Jiba,” Abrahams told reporters in Pretoria.
“I have been assured that this decision is rational and sound in law and there are no reasonable prospects for successful prosecution and as such, the matter will be withdrawn in court tomorrow [Wednesday].”
Jiba was due to appear in the Pretoria Specialised Commercial Crimes Court on Wednesday. The charges against Jiba related to her decision to prosecute Johan Booysen, the head of the Hawks in KwaZulu-Natal, on racketeering charges.
Booysen: Jiba lied
Last year the High Court in Durban threw out the charges against Booysen, who was suspended at the time.
The judge agreed with Booysen’s assertion that Jiba had lied about having certain statements before her when she decided to prosecute, and could therefore not have used them to make her decision.
Booysen was accused of running a criminal enterprise consisting of members of the former Cato Manor Organised Crime Unit that he was in charge of.
Abrahams said he had not made a decision to drop the charges as the matter was a serious one. He said the matter fell under the regional head of the specialised criminal unit Advocate Mogathle.
“It was only proper that once I was appointed in this for me to be fully appraised of this matter. It’s a very serious matter. It has implications for the integrity of this office, for Jiba and her position,” he said.
Legal advice
Abrahams asked for further advice on matter
Abrahams explained that his predecessor, Mxolisi Nxasana, had appointed two prosecutors to deal with this matter. He was continuously kept in the loop with how the case was going until he decided that the team not deal with him.
“On 22 July 2015, the team briefed me on this matter. I then directed them not to report to me but to their regional leader,” he added.
Abrahams said after receiving the report that indicated the decision not to prosecute, he had asked for further advice to see if a different conclusion could be reached.
“I have read Advocate Mogathle’s opinion and I have in the interim [taken] the liberty to obtain a further legal opinion from one of our directors. In that opinion, it is also recommended that a decision to decline to prosecute Advocate Jiba be made,” he said.
He called on members and the public not to listen to rumour-mongers who are trying to tarnish the image of the office.
Nomgcobo Jiba gets top new NPA job
2015-08-18 11:59
Abram Mashego
Nomgcobo Jiba (Netwerk24)
The National Prosecuting Authority will soon announce major changes to its leadership structures.
City Press has learnt from two senior sources that one of the most significant changes is that of the appointment of former deputy director of public prosecutions Nomgcobo Jiba to the position of head of national prosecution services – the highest decision making body in the organisation.
The department initially fell under the leadership of Dr Silas Ramaite, who has been moved to corporate services.
The chief executive of the NPA, Karen van Rensburg, has been demoted to the position of an ordinary prosecutor in a Pretoria court.
The Asset Forfeiture Unit’s Willie Hofmeyr, a long-time senior in the organisation, has been moved to legal services and he’ll be replaced by Advocate Pinky Mokgatla.
The changes were set to be announced at a press conference later today. NPA spokesperson Luvuyo Mfaku said he would not comment on internal changes.
More than a week ago, City Press reported that the NPA had decided to drop charges against Jiba.
She was scheduled to appear in Pretoria’s Specialised Commercial Crimes Court tomorrow on two charges of fraud and one of perjury related to her handling of the case against KwaZulu-Natal Hawks head Major-General Johan Booysen.
City Press reported that the NPA was set to withdraw as a complainant in the matter. The organisation was also planning to appeal the ruling of Judge Trevor Gorven who in his judgment accused Jiba of lying under oath in the same matter.
DA demands access to record of Jiba decision
2015-08-18 17:14
Genevieve Quintal, News24
Johannesburg - The DA would on Tuesday file an application to get access to the record of the decision that led to charges against deputy National Prosecuting Authority (NPA) bossNomgcobo Jiba being withdrawn.
"This decision is questionable given the slew of prima facie evidence against her and her destructive track record at the NPA," DA MPGlynnis Breytenbach said in a statement.
"This is confirmation President Jacob Zumadispensed of Mxolisi Nxasana to install a man who has been given a Menzi Simelane-esque mandate to protect [him] and his long-standing ally in the NPA, Ms Jiba."
She said the opposition party was filing an application in terms of the Promotion of Access to Information Act.
Earlier on Tuesday, National Director of Public Prosecutions (NDPP) Shaun Abrahams announced charges of perjury and fraud against Jiba would be withdrawn in the Commercial Crimes Court in Pretoria.
"Late yesterday [Monday] I received a decision from the regional head in which he declined to prosecute Advocate Jiba,” Abrahams told reporters in Pretoria on Tuesday.
“I have been assured this decision is rational and sound in law and there are no reasonable prospects for successful prosecution and as such, the matter will be withdrawn in court tomorrow [Wednesday]."
Jiba was due to appear in the Pretoria Specialised Commercial Crimes Court on Wednesday. The charges related to her decision to prosecute Johan Booysen, the head of the Hawks in KwaZulu-Natal, on racketeering charges.
Breytenbach claimed Abrahams' attempt to avoid accountability on the issue was an "indication of his true colours".
"As NDPP he must apply his own mind to all decisions and, having done so, he makes it his own.
"Such poor decision-making so early in his tenure is truly disappointing," she said.
Freedom Under Law also wanted to be furnished with the reasons for the withdrawal of the charges.
"The charges against her flow from findings of dishonesty against her by judges," it said in a statement.
"This decision could have a material bearing on cases that have been brought by Corruption Watch and Freedom Under Law... Once these reasons have been received, we shall review the situation."
NPA won't prosecute Nomgcobo Jiba
2015-08-18 11:34
NPA head Shaun Abrahams has announced that a decision has been taken to withdraw charges against Nomgcobo Jiba. Get all the highlights from the NPA briefing here.
BREAKING: NPA head Shaun Abrahams announces that a decision has been taken to withdraw charges against Nomgcobo Jiba. The matter will be withdrawn in court on Wednesday (tomorrow).
Abrahams says he has not withdrawn charges against Jiba. Says its a serious matter which has serious implications for the office and her.
Abrahams: It’s also incorrect that I have decided to prosecute Dramat and Sibiya in relation to the Zimbabwe renditions case.
Abrahams: it is also absolutely incorrect that I have decided to prosecute Gerrie Nel and Andrew Leask. No docket regarding Gerrie Nel. Abrahams says that matter is not in front of any of his team members.
Abrahams:I'm yet to be presented with a police docket regarding former SARS official Ivan Pillay. To my knowledge, no docket has been handed to our members. It’s absolutely incorrect that I have decided to prosecute Pillay.
Abrahams: A decision on the Mdluli matter will be made shortly after the prosecution team has briefed me in respect of the matter.
Abrahams moves onto next matter: I personally undertook to request Riyah Phiyega to declassify documents relating to Richard Mdluli, Colonel Hein Barnard, Lazarus.
The next matter to be addressed is that of Jiba, says Abrahams. It was reported that I cancelled the case against Jiba, he says. This is also incorrect. But he will elaborate on matter later.
Abrahams: It is not true that I have decided not to proceed in the case against Mrwebi. I’m awaiting a briefing.
Abrahams: The City Press report included claims that I cancelled Barry Roux’s appointment. I did cancel Roux’s appointment. We already had senior prosecutor appointed.
Abrahams: Lawrence Mrwebi was summoned to court on the understanding that the matter was ready to proceed.
Abrahams: Two weeks ago City Press newspaper reported that they learned that I had made decision in respect of a number of matters.
Abrahams: The purpose of the briefing is to honour our commitment to the media, public and NPA staff.
Abrahams welcomes everyone.
I feel vindicated - Jiba
2015-08-19 10:34
Pretoria - Fraud and perjury charges against Deputy Director of Public ProsecutionsNomgcobo Jiba were officially dropped as expected on Wednesday.
In a brief appearance, the Specialised Commercial Crimes Court in Pretoria confirmed what new prosecutions boss Shaun Abrahamsannounced at a media conference on Tuesday.
"I must say I do feel vindicated and I do feel relieved that as of today I am going to be focusing on what I have to do," Jiba said outside the court.
"I am a prosecutor."
She said she remained loyal to the prosecutions service and the public.
Her lawyer Zola Majavu said a media briefing would be held at 11:30 for Jiba to say more.
He said she had been vilified and called "slimy" and she had more to say but not on the charges, which involved an attempt at prosecuting top KwaZulu-Natal police officer Johan Booysen.
Jiba: I've been called a diva and it hurts
2015-08-19 13:41
Johannesburg - Deputy Director of Public Prosecutions Nomgcobo Jiba was never afraid of being prosecuted, she said on Wednesday.
"I was never afraid of the case going forward. You are talking to a prosecutor," Jiba told reporters in Johannesburg.
Earlier in the day the charges against her were officially dropped in the Specialised Commercial Crimes Court in Pretoria.
This followed the announcement by National Prosecuting Authority boss Shaun Abrahams on Tuesday that charges would be withdrawn.
'I've been called names'
Jiba said on Wednesday she and her family had been hurt by everything that had happened and the insults hurled at her.
"Everything that has happened and continues to happen, it hurts them, and it hurts me too.
"I have been called names, I don't know where these names come from. I've been called a diva and some have said... Nomgcobo Jiba's nine lives and I have only one life."
She said she started prosecuting in the Eastern Cape in 1988 and was trained through the justice college.
"I have grown through the ranks of prosecution. I was not just picked up from the street... [it is] something I have been doing all my life."
Not biased
Jiba also denied she had ever been biased, saying she always prosecuted without fear or favour and was never pressurised to make certain decisions.
She has been accused of protecting President Jacob Zuma.
"I've been accused of working for President Zuma... I cannot work for President Zuma because I am a prosecutor. My responsibility is to prosecute without fear, favour or prejudice," Jiba said.
COMMENTS
Joe Wiper,
Apparently not as tough as being ON TOP...But not nearly as good as the shafting of Lady Justice (credit to Zapiro) by Shaun Abrahams. Some of us said from day that Shaun Abrahams is just another insidious lackey of the BIGGEST CRIME SYNDICATE On EARTH - THE ANC. Ex SA Reserve Bank director has blown the cover on some of rabid looting that is post 94 SA - eg: 2-1/4 TRILLION RAND has been stolen from the SA Reserve Bank! Including 300 TONS OF GOLD (est R300 Billion). I do not think we have ANY idea in what a mess SA is - by 2020 there will be nothing left.
Apparently not as tough as being ON TOP...But not nearly as good as the shafting of Lady Justice (credit to Zapiro) by Shaun Abrahams. Some of us said from day that Shaun Abrahams is just another insidious lackey of the BIGGEST CRIME SYNDICATE On EARTH - THE ANC. Ex SA Reserve Bank director has blown the cover on some of rabid looting that is post 94 SA - eg: 2-1/4 TRILLION RAND has been stolen from the SA Reserve Bank! Including 300 TONS OF GOLD (est R300 Billion). I do not think we have ANY idea in what a mess SA is - by 2020 there will be nothing left.
'And she owes Angazi783+ because Angazi783+ expunged the criminal record of her husband, Booker Nhantshi,who was convicted for theft of trust funds,and he was appointed to a government job after that''he head of the NPA was very strategically chosen and placed by Zuma to protect his partners in crime. He says he is satisfied with what was presented to him, does he not do his own investigation? He is not as independent as I thought he would be.'
'There must in fact be an enquiry into Adv Nomgcobo Jiba,Adv Lawrence Mrwebi and Adv Moipone Noko,PDPP in Kwazulu Natal.
'There must in fact be an enquiry into Adv Nomgcobo Jiba,Adv Lawrence Mrwebi and Adv Moipone Noko,PDPP in Kwazulu Natal.
They are the ANC team players in the NPA.
Adv Jiba and Mrwebi were the ones who shielded Mdluli from prosecution against fraud charges,for defrauding the SAPS secret account out of millions of rands.
Jiba also had Adv Gerrie Nel arrested to thwart him with going ahead with the arrest of Jackie Selebi.She also owes Number One big time,because Number One expun...ged the criminal record of her husband Booker Nhantsi,and he was appointed to a government job after that.
Adv Noko and Mrwebi also decided not to go ahead with charges against Peggy Nkonyeni and Mike Mbuyakhulu,MEC members of the ANC in Kwazulu Natal,in the Gaston Savoi "Amigos" case in KZN,although the previous acting PDPP in KZN,Adv Mlotschwa,felt there was a case to be answered by Nkonyeni and Mbhuyakhulu.In fact Mlotschwa was removed,and replaced with Noko,simply because of this case.
Noko also withdrew the case against Thoshan Panday,and colonel Navin Madhoe,from the SAPS in KZN,who tried to bribe Genl Johan Booysen with R2 Million.Thoshan Panday is a highly connected individual and a business partner of Edward Zuma,son of Number One.
Noko also dropped the case against tenderpreneur Shawn Mpisane
Adv Jiba and Mrwebi were the ones who shielded Mdluli from prosecution against fraud charges,for defrauding the SAPS secret account out of millions of rands.
Jiba also had Adv Gerrie Nel arrested to thwart him with going ahead with the arrest of Jackie Selebi.She also owes Number One big time,because Number One expun...ged the criminal record of her husband Booker Nhantsi,and he was appointed to a government job after that.
Adv Noko and Mrwebi also decided not to go ahead with charges against Peggy Nkonyeni and Mike Mbuyakhulu,MEC members of the ANC in Kwazulu Natal,in the Gaston Savoi "Amigos" case in KZN,although the previous acting PDPP in KZN,Adv Mlotschwa,felt there was a case to be answered by Nkonyeni and Mbhuyakhulu.In fact Mlotschwa was removed,and replaced with Noko,simply because of this case.
Noko also withdrew the case against Thoshan Panday,and colonel Navin Madhoe,from the SAPS in KZN,who tried to bribe Genl Johan Booysen with R2 Million.Thoshan Panday is a highly connected individual and a business partner of Edward Zuma,son of Number One.
Noko also dropped the case against tenderpreneur Shawn Mpisane
.."I was never afraid of the case going forward" ...as I am well connected to the greasy-palmed, corrupt ANC crony-clan ...and we don't do time as you know....?!
DA gives Zuma 24 hours for Jiba decision
2015-08-31 13:04
Johannesburg - The Democratic Alliance (DA) has given President Jacob Zuma until Tuesday to decide if he will appoint a commission of inquiry into deputy prosecutions head Nomgcobo Jiba's fitness to hold office, or go to court.
DA leader Mmusi Maimane said this move was one of many steps to ''firewall'' institutions of democracy.
The announcement outside the National Prosecuting Authority's (NPA) office in Pretoria comes after charges of fraud and perjury against Jiba were withdrawn in the Specialised Commercial Crimes Court in Pretoria on August 19.
The withdrawal of the charges against Jiba was among the first announcements made by new National Director of Public Prosecutions (NDPP) Advocate Shaun Abrahams, who succeededMxolisi Nxasana.
Nxasana had also requested a commission of inquiry into Jiba's fitness to hold office, but he made a quiet exit after the commission of inquiry to which he was supposed to have been subjected was called off hours before it was meant to have started in May.
The DA said it was yet to hear back from the president regarding its April request for an inquiry into Jiba.
''It is clear neither the President, nor the [new] head of the NPA, Advocate Shaun Abrahams, have learned from the appointment of Menzi Simelane that was overturned by the Constitutional Court who declared it irrational.''
Charges dropped
Earlier this month, Abrahams announced the charges against Jiba would be withdrawn and she would be appointed as head of National Specialised Prosecution Services.
Jiba still faces an application by the South African Bar Council to have her disbarred.
The DA considers Jiba's new position as ''using cadre deployment to shield his interests and those of his friends''.
It has already requested the record of the decision to withdraw charges against Jiba, who said she felt vindicated after a brief court appearance on August 19 to formalise the decision.
Asked how Zuma intended responding, Presidency spokesperson Bongani Majola did not know about the DA's request and, while being asked if he could find out, put the phone down.
Maimane was accompanied by MP Glynnis Breytenbach, once a colleague of Jiba, and another MP and Gauteng Member of the Provincial Legislature Refiloe Nt’sekhe.
Jiba's fraud and perjury charges come after an attempt to charge KwaZulu-Natal Hawks head on racketeering charges.
COMMENTS
expect this response: he he he he he he he..... he's in charge, the ANC have the majority, what do you think this is - a DEMOCRACY ??
If only the supporters of the ANC realised how much a free media and the DA is protecting THEM (ANC voters). Without people kicking up a stink about massively corrupt ANC practices, we would now be just another African basket-case, ruled by warlords, where the poor are the hardest hit. (Check the country just north of us, but there are literally dozens of others.) If their vile practices weren't made public, the ANC would have stolen ALL our (limited) taxpayer funding by now.
Jimmy Mnyamana - August 31, 2015 at 13:17
doesn't Maimane know that the President will be in China Tomorrow?? and when did he ever succeed in giving deadlines to the PresidencY
Bar council to pursue Jiba despite dropped charges
DROPPING perjury and fraud charges against deputy national director of public prosecutions Nomgcobo Jiba will not have any bearing on the application by the General Council of the Bar to have her struck from the roll of advocates.
New National Prosecuting Authority (NPA) head Shaun Abrahams announced on Tuesday that the charges of fraud and perjury Ms Jiba faced would be withdrawn when the matter was heard in the Pretoria Specialised Commercial Crime Court.
The charges against her were linked to a failed attempt to prosecute KwaZulu-Natal Hawks boss Johan Booysen after allegations that included racketeering.
In February last year a Durban High Court judge condemned the decision by Ms Jiba to prosecute Maj-Gen Booysen, saying the charges did not meet the barest of minimum requirements.
In terms of the Prevention of Organised Crime Act‚ a person may only be charged for racketeering if the prosecution is authorised by the national director of public prosecutions. Ms Jiba was acting national director of public prosecutions at the time the charges were formulated.
Ms Jiba has the support of President Jacob Zuma who is facing legal action brought by Corruption Watch and Freedom Under Law, in part over his failure to act against her.
General Council of the Bar chairman Jeremy Muller SC said on Tuesday that the dropping of charges would not affect the council’s decision to have Ms Jiba removed as an advocate. He said the last round of affidavits in that process was filed on Tuesday.
The bar council’s decision to approach the High Court to have NPA bosses Ms Jiba, Lawrence Mrwebi and Sibongile Mzinyathi struck off the roll of advocates was taken in November last year at an executive committee meeting, following a request by then national director of public prosecutions Mxolisi Nxasana — who was replaced by Mr Abrahams in June.
Mr Muller said the decision had nothing to do with the criminal charges against Ms Jiba. It was based on "critical observations" of her conduct by the High Court in Durban and the Supreme Court of Appeal.
"It is the court which acts as the custodian for good behaviour of admitted advocates, the court alone makes decision on whether they should be admitted," he said.
"The application will proceed. The third and last set of affidavits will have been filed today."
The next stage would be setting a date for the hearing.
Its application is also largely based on sharp criticism in court judgments over the way Ms Jiba, Mr Mrwebi and Mr Mzinyathi conducted themselves in litigation between the NPA and Freedom Under Law over the decision to drop fraud, corruption and murder charges against suspended crime intelligence head Richard Mdluli.
Mr Abrahams on Tuesday addressed a hastily convened media briefing at which he responded to several recent media reports. He said the decision to discontinue the prosecution of Ms Jiba was taken not by him but by the regional head of the Specialist Commercial Crime Unit, Marshall Mokgatle.
Mr Mokgatle had informed Mr Abrahams on Monday that there was no prospect for a successful prosecution of Ms Jiba. He cited the Prevention of Organised Crime Act, which says that a person authorised to perform a function in terms of the act shall not, in their personal capacity, be held liable for "anything done in good faith".
"I also obtained a further legal opinion also recommending that a decision to decline to prosecute be made," Mr Abrahams said. He said he was aware of the bar council proceedings.
"I can assure you that I am presently apprising myself of the issue of the bar council matter and I would address you in due course ," he said.
Freedom Under Law said in a statement on Tuesday it would be asking for reasons for the withdrawal of the charges against Ms Jiba.
"This decision could have a material bearing on cases that have been brought by Corruption Watch and Freedom Under Law," said the organisation’s chairman Judge Johann Kriegler. "Once these reasons have been received, we shall review the situation."
Mr Abrahams also told reporters at his media briefing that he had reshuffled the NPA’s top leadership, but declined to elaborate.
City Press recently reported that Ms Jiba was moved to the position of head of national prosecution services, which is the highest decision-making body in the organisation.
OPINION: RICHARD MDLULI RETURNS
Stephen Grootes looks at the unwholesome relationship between President Jacob Zuma and Richard Mdluli.
Of all the names that have come to symbolise that particular symbiosis between President Jacob Zuma and people who seem to either do his dirty work, or are owed favours, that ofRichard Mdluli reigns supreme. While Michael Hulley may do all the legal legwork, it’s Mdluli that seems to have some kind of hold over Zuma, who is protected, who could be considered royal game. On Monday, once again, we were given a demonstration of how this particular relationship works, and of how it is polluting the police, the National Prosecuting Authority (NPA), and the entire justice system.
On Monday, in the Commercial Crimes Court in Pretoria, a magistrate ruled that the case against Richard Mdluli, Solly Lazarus and Hein Barnard must be withdrawn. The case against them is complex, but essentially the three are accused of looting the Police Crime Intelligence Unit’s slush fund while Mdluli was running it. Lazarus was the financial head of the unit at the time, and Barnard was his deputy. The reason the magistrate ruled that the case cannot continue is that some of the evidence necessary for him to make a ruling has been classified. Prosecutors have asked for it to be declassified. The police, in the person of National Commissioner General Riah Phiyega, have simply not complied. Which means that the magistrate would have to be concerned about whether he can really make a proper determination of the guilt or innocence of Mdluli and his co-accused.
On some levels, this almost doesn’t matter. As the magistrate pointed out, this doesn’t mean Mdluli and co are off the hook. This is a little matter of paperwork that be sorted out, the charges can be reinstated, and justice can continue. And of course, there are several other cases that Mdluli faces anyway. They are still underway, and some of them, like murder, are far more serious than this. And besides, mistakes like this happen all the time.
But if we look at the context, we can see that this is really something different. We have to remember Mdluli’s backstory.
The fact is that at one point he was facing incredibly serious charges relating to the murder of the husband of his then-girlfriend. The person investigating the case for the NPA, the prosecutor, was Glynnis Breytenbach. Just as the case was beginning to build momentum, she was suddenly accused of wrongdoing in another case. And her recommendation that Mdluli be formally charged was overruled by the head of the Commercialised Crimes Unit at the NPA, Advocate Lawrence Mrwebi.
Eventually, Freedom Under Law went to court, and the Supreme Court of Appeal eventually ruled that the behaviour of Mrwebi, and deputy NPA head Nomgcobo Jiba, was wrong. In fact, the judges went unusually far in their criticism of the decision to withdraw these charges.
In the meantime, Breytenbach’s disciplinary hearing for those misconduct charges saw her eventually being cleared. Which showed exactly what those charges were in the first place, a smokescreen.
Then there are the claims about Mdluli, about how all of this could have happened around him. It was widely believed by many politicians within the ANC, but opposed to Zuma, that he was listening to their phone calls. This was in 2012: the road to Mangaung, it appears, was taped. At the time, opposition to Zuma was beginning to grow. People like Fikile Mbalula and others like him said in public they believed their phones conversations were being recorded. It was obvious to all and sundry that Mdluli was the person making this happen.
At one point it seemed that Mdluli was actually going to be put in charge of the VIP Protection Unit. That would mean he would be able to literally access the diaries and records of movement of all of Cabinet. Which would be a little disconcerting for those plotting against Zuma.
Eventually, public pressure forced then Police Minister Nathi Mthethwa to suspend Mdluli. But not before Ronald Lamola uttered his only useful sound bite as ANC Youth League leader, that when it came to Mdluli, “you can see the blood of Eugene de Kock runs through him”. In case there is any doubt as to how the power system actually worked here, let us remind you that for the moment, Jiba is seen as Zuma’s source of power within the NPA. It is she who did not hand over the Zuma Spy Tapes to the DA (for which she was again criticised by the SCA), and it is she whose husband had his criminal record expunged. And despite now facing criminal charges herself, Zuma has failed to act against her, despite being the only person with the legal power to do so.
It is not certain exactly what Mdluli did to first ingratiate himself with Zuma so effectively. Although there has been pretty intense, and very probably correct speculation, that he was the person who gave the Zuma Spy Tapes to Zuma in the first place.
This backstory surely shows that when the police simply do not act on a request involving his prosecution, it is not just a bureaucratic snafu, it’s not a simple ‘paper getting lost in the system’ story. It is surely deliberate inaction. This is the typical case of a Zuma appointee, this time Phiyega, playing for time and hoping for the best, because there is no other option.
This development reveals several interesting aspects. Firstly, it surely shows that Phiyega will do the bidding of Zuma. What he wants, he gets. It reveals that she is not her own person while performing her duties. Which on its own, could be grounds for removal from office as national police commissioner. (One presumes that the Marikana issue is going to get to her first.)
But secondly, it shows that Mdluli still has power. This is someone who has not held formal high office in the police for over two years. What possible levers could he still have? He could have friends in high places in the police service sure, but this high? The only way that this could happen, particularly since the NPA has communicated directly with Phiyega, is if Zuma told her what to do. There is surely no other way.
Zuma has not necessarily always shown loyalty to those who helped him in the past, but could do nothing for him in the future. It would be bad politics for him to do that anyway, and he is simply a very, very good politician. This must mean he either believes Mdluli currently has some leverage, or that he will be useful at some time in the future. The most likely option is that Mdluli does have leverage, that he must know something, that Zuma must be worried about him spilling the beans on something.
Which would suggest that all the concern and worry about him in the first place was very well placed indeed.
Fraud and corruption charges against Mdluli struck off the roll: NPA
Monday 6 July 2015 14:52
The NPA has confirmed that fraud and corruption charges against former crime intelligence boss Richard Mdluli and two others have been struck off the roll.
An advocates body wants the courts to disbar the prosecutions deputy over the Mdluli ‘cover-up’.
Deputy prosecutions boss Nomgcobo Jiba appeared so hellbent on protecting crime intelligence supremo Richard Mdluli that she dumped three successive legal teams when they advised her that decisions to drop criminal charges against him were wrong.
Jiba ignored damning criticism from her own lawyers and their explicit warning that she was obliged to play open cards with the court.
Instead, she allegedly sought to lie and conceal evidence that might challenge those decisions.
Now her actions while she was acting national director of public prosecutions have been exposed to scrutiny in a court application by the General Council of the Bar, a body representing independent South African advocates.
Application for disbarment
The body wants the court to disbar Jiba and two of her National Prosecuting Authority (NPA) associates, Lawrence Mrwebi and Sibongile Mzinyathi, alleging that they tried to cover up gaping flaws in the withdrawal of charges against Mdluli.
The most damning evidence of the outrages allegedly perpetrated under Jiba’s authority is revealed in two memoranda prepared by her own legal teams and recently disclosed to the General Council of the Bar by the NPA.
Should the court find they are not “fit and proper” persons to be advocates, they would become ineligible for their NPA positions.
The embattled current prosecutions boss, Mxolisi Nxasana, asked President Jacob Zuma to suspend them, but they remain in their jobs.
All declined to comment. They also face a criminal investigation for perjury flowing from the same allegations.
Mdluli: Charges withdrawn
Critics see Jiba and Mrwebi as playing a pivotal role in protecting Zuma and perceived allies such as Mdluli, while Mzinyathi is alleged to have succumbed to pressure to toe the line on the Mdluli matter.
Mdluli, an avowed Zuma loyalist, was charged in March 2011 with 18 criminal counts including murder and intimidation.
The charges related to events surrounding the 1999 killing of Oupa Ramogibe, who was married to Mdluli’s former lover.
In September 2011, Glynnis Breytenbach’s specialised commercial crime unit separately charged Mdluli for corruption relating to his alleged abuse of the secret services account.
In December 2011 Mrwebi, appointed by Zuma to head the commercial crime division, ordered the corruption charges against Mdluli to be withdrawn.
Breytenbach, who fought the withdrawal, was suspended in April 2012. Mrwebi and Mzinyathi gave evidence at her disciplinary hearing that was later crucial to Jiba’s disputes with her lawyers. Separately, in early 2012 Johannesburg prosecutions boss Andrew Chauke withdrew the murder charges against Mdluli and referred the matter to an inquest.
In 2012, the lobby group Freedom Under Law launched a high court challenge to set aside the decisions to withdraw murder and related charges and terminate the corruption case. It was this court challenge that caused Jiba, Mrwebi and Mzinyathi the trouble they are in now.
Legal team 1
To deal with this challenge the state attorney drafted in a team comprising McCaps Motimele and Viwe Notshe, both senior counsel, assisted by Simon Phaswane.
The record of their advice has “gone missing” from NPA files, but what is recorded is that on June?7 2013, Jiba met the acting state attorney. Following that meeting, the attorney dealing with the matter and the Motimele team were removed.
This has never been explained. Notshe told amaBhungane this week that ethical rules prevent them from disclosing what transpired.
Legal team 2
Next up were advocates Terry Motau SC, Benny Makola and Lerato Maite, who prepared a draft affidavit for Jiba’s approval. Three days later, on June?26 2013, they resigned.
Now, for the first time, their reasons have been disclosed in a memo they prepared for the NPA.
Team 2 “noticed contradictions” between the evidence given during Breytenbach’s hearing and two draft affidavits prepared by Jiba and Mrwebi. When they raised this and other objections, they were informed that these affidavits, prepared without their advice, had already been filed. They then resigned.
Legal team 3
Team 3, consisting of Leon Halgryn SC, Johan Uys and Eulenda Mahlangu, gave Jiba a brutally frank dissection of the NPA’s case.
Their advice called on Jiba to disclose to the court the full dockets in the Mdluli murder and fraud investigations, otherwise they would be “unprepared” to continue. (See “What the lawyers said”)
Their memo revealed that Jiba asked them to assess the two cases against Mdluli, though she instructed them not to put this in writing.
Nevertheless, they noted: “We do record that the decision-makers are going to be hard pressed to justify their decisions and that we are unable and unprepared to even attempt to do so in open court.
“If there is a decision to continue with the opposition of this matter on the basis of attempting to justify the decisions to discontinue the prosecutions … our clients will regrettably have to find – yet – another team of counsel … None of the reasons advanced thus far makes any rational sense, let alone establishes a defence.” Team 3 was also dispatched.
Judgments
The NPA proceeded to brief a fourth team, led by celebrated criminal lawyer Laurence Hodes, who mounted a creative technical argument.
Hodes was batted away by the high court and, subsequently, the Supreme Court of Appeal, both of which made adverse comments about Jiba, Mrwebi and Mzinyathi. It is these judgments that prompted the complaint by the General Council of the Bar. All three have noted their intention to defend the action, but have yet to file their responses.
Jiba is also facing allegations of being “less than honest” in two other matters, one regarding the prosecution of Hawks KwaZulu-Natal boss Johan Booysen and the other relating to her conduct in the Zuma “spy tapes” saga.
In calling for all three to be struck off the roll, the advocates body argues: “It is incumbent upon all practising advocates to exercise scrupulous honesty in their dealings with the court. This obligation is, if anything, all the more incumbent on the respondents because they hold high public office in the NPA.”
What the lawyers said
Here are some extracts from the lawyers’ submissions to the National Prosecuting Authority (NPA):
• “The flaws in the prosecution of the matter thus far … are fundamental – so much so that we are under no doubt that as matters currently stand, our clients [the NPA] are headed towards a certain judgment against them, with every potential of irreparable harm to the credibility and reputation of the NPA.”
• “As the papers currently stand, there is simply no defence.”
• “The first fundamentally flawed approach is the fact that our client failed to provide the full record …”
• “That our clients will indisputably lose the case for this reason alone lies in the very fact that it was up to the decision-makers, to … take the court into their confidence and explain … how they arrived at the decisions which they did, with detailed references to the contents of the documents in the records/dockets.
• “This was not at all done and it is inexcusable.”
• “A negative inference will be drawn from the fact that the full records/dockets were not provided, ie, that the failure to do so was deliberate, knowing full well that if it was provided, it would reveal a clear prima facie case.” –Sam Sole
The exact circumstances behind the suspension of the head of the priority crimes unit, Anwa Dramat, and other officials are still painfully unclear.
It was an unfortunate but high ranking official in the ministry of police who, on Christmas eve last year, got a phone call while driving home to see his family.
“The head of the Hawks, Anwa Dramat, had been suspended at about 4pm on December 23,” said the man at the other end of the line.
The official turned his car around, for a moment doubting that his job was worth the money under the circumstances, and headed back to Johannesburg to manage the messy storm that was about to unfold.
The head of the Hawks in Gauteng, Major General Shadrack Sibiya, and Colonel Leslie Maluleke were served with notices of suspension on Monday.
They have a week to respond to the acting Hawks boss, Major General Berning Ntlemeza, who issued the notices. Ntlemeza testified in an inquiry investigating former crime intelligence boss Richard Mdluli in 2012.
Late last year, the head of the Hawks in KwaZulu-Natal, Johan Booysen, obtained an interim court order preventing police commissioner Riah Phiyega from suspending him. The matter is set down for March, at which the order will either be made final or set aside.
Speculation has been rife that these developments are inter-related, or that there is a high-level purge going on in the Hawks.
The timing is notable, as the Constitutional Court handed down judgment in November last year, ruling on whether the South African Police Service (SAPS) Act sufficiently secures the independence of the Hawks from the executive.
But it is not clear that these events are linked at all.
On the surface it seemed that Dramat had been served with notice of a precautionary suspension pending a sort of fact-finding mission to be conducted by the Minister of Police Nkosinathi Nhleko, into allegations that he was
involved in the illegal rendition of four Zimbabwean suspects.
Sibiya and Maluleke are also alleged to have been involved in the renditions.
An investigation by the Independent Police Investigative Directorate (Ipid) apparently cleared Dramat of the charges, but the police will not confirm or deny this.
Neither will Ipid, which could only confirm to the Mail & Guardian that their report was handed to the National Prosecuting Authority (NPA) in February 2014 – a standard procedure.
A draft report, supposedly leaked to the Sunday Times, seemed to suggest that the investigation was headed the other way. The final report was never made public.
Rendition or no rendition, Dramat and the other officials implicated have outright denied their guilt. Sibiya, also implicated in the rendition reports, said he did not even know the suspects involved, let alone have them illegally deported.
Rumours and hearsay
Now rumours abound that Dramat was actually suspended to move him away from some sensitive, high-level investigations.
Reportedly, Dramat had angered police management by requesting that dockets dealing with President Jacob Zuma’s Nkandla residence and fraud cases involving politicians be handed over to him for investigation by the Hawks.
In a Sunday Times report, it was alleged that Dramat offered to retire early if his suspension was overturned “without me having to go to court to do so”, he said.
In Booysen’s case, his home province is the scene of many an alleged crime, particularly where politicians, money and greasy palms have come together.
The Hawks in that province are investigating a number of cases in which politicians are implicated.
The reasons behind Sibiya’s suspension are particularly unclear.
He was fingered in a bribery case, which came before the high court in Johannesburg last year, but he was not suspended then.
For now, the police ministry cannot comment on any of the suspensions, particularly Dramat’s, where Nhleko was directly involved.
Ministry spokesperson Musa Zondi said what has happened may or may not form part of a court process and that talking about it publicly would be inappropriate.
The police will not confirm whether a legal process is about to unfold or whether it has accepted Dramat’s resignation offer.
With a background in labour affairs (he was director general at the department of labour), Nhleko knows that talking publicly about anything related to the Dramat affair is potentially damaging to his ministry, should Dramat launch a challenge against his suspension.
But behind the scenes, the Mail & Guardian understands that Nhleko and his inner circle have wrestled with, and debated, whether or not to come clean about what has happened.
Not about Dramat’s innocence or guilt, but simply about whether Ipid indeed cleared Dramat of the rendition charges in its final report. There is an internal acknowledgment that this is a matter of great public interest. But it cannot be discussed, yet.
Legal ambiguity
Dramat’s guilt or innocence aside, one leg of any legal process will certainly rest on the legality of his suspension.
In late 2014, in a majority judgment, the Constitutional Court struck down a section of the SAPS Act, which previously gave the minister of police sole discretion in the firing of the head of the Hawks, so long as the reasons for the dismissal were legitimate.
The amended Act says the minister must now wait for an ad hoc committee of Parliament to consider the head of the Hawks’ potential suspension before the minister can exercise his discretion.
This is to give Parliament a more meaningful role in the process.
Previously, Parliament would merely be informed after the fact, which the Constitutional Court pointed out made its role in the process quite pointless.
Yet, Zondi told the Mail & Guardian that the ministry viewed the amendments to the Act to be untested terrain, which still needed to be interpreted by a lower court in a test case scenario.
Dramat’s suspension might be that case. Zondi said the ministry remained unconvinced of what the changes to the Act meant for the minister. But the minister had sought legal advice before suspending Dramat, Zondi said, and so remained sure that his decision was legally sound.
Dianne Kohler Barnard, a Democratic Alliance MP, says the suspension was certainly unconstitutional.
Dramat’s lawyer, advocate Johan Nortje, agrees.
It just goes on and on and on, one corrupt person climbing over another one. The best part is I feel that this is like back when I was young. The enemy was there, you knew they were there but you never knew what they would do. Sickening stomach churning....
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