NPA: Charges against Jiba withdrawn

2015-08-18 14:25
Nomgcobo Jiba (Netwerk24)

Nomgcobo Jiba (Netwerk24)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Pretoria - Charges of perjury and fraud against deputy NPA head Advocate Nomgcobo Jiba will be withdrawn in the Commercial Crimes Court in Pretoria.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 Abrahams said 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and sound in law and there are no reasonable prospects for successful prosecution and as such, the matter will be withdrawn in court tomorrow [Wednesday].”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.

Read more on:    npa  |  nomgcobo jiba  |  shaun abrahams

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
15 comments
Comments have been closed for this article.

Inside News24

 
PARTNER CONTENT
INFOGRAPHIC: New thinking required for retirement

Everything we believe about retirement is fast becoming outdated.

PARTNER CONTENT
WATCH: How education can change a life

A university education gives students the chance to create a better future for themselves, their families and to opportunity achieve their dreams.

/News

Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.