DA's Jiba inquiry application dismissed

2016-05-23 11:34
DA MP Glynnis Breytenbach and the party's federal executive chairperson James Selfe  (Jenni Evans, News24)

DA MP Glynnis Breytenbach and the party's federal executive chairperson James Selfe (Jenni Evans, News24)

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Cape Town - The Western Cape High Court has dismissed the DA's application for an inquiry into Deputy Director of Public Prosecutions Nomgcobo Jiba's fitness to hold office, without immediately providing reasons.

"The application is dismissed and no order as to costs is made," Judge Nape Dolamo said, and then rose to leave.

DA MP Glynnis Breytenbach and the party's federal executive chairperson, James Selfe, gave the judge stunned looks after he made the clipped pronouncement.

Proceedings had earlier been delayed over faulty sound equipment.

The decision by National Director of Public Prosecutions (NDPP) Shaun Abrahams to appeal a court ruling that corruption charges must be reinstated against President Jacob Zuma had barely sunk in when the Western Cape High Court ruling was made.

Reasons were expected to be available later on Monday.

"We'll obviously study the judgment and the reasons very carefully. But at this early stage, I am quite sure that we will appeal it," said Breytenbach.

"We are very disappointed - we believe we made out a very cogent argument," she said.

The DA had applied to the Western Cape High Court for an order setting aside a previous decision not to suspend Jiba and not to hold an inquiry into her fitness to hold office.

It said it did this after ultimatums to Zuma to initiate an inquiry into her conduct went unheeded.

It wants her to be suspended pending a formal inquiry into her suitability to continue as the second in charge at the NPA.

The DA's application raised three instances in its affidavit to support its contention that she was not suitable for the job:

- The litigation against former crime intelligence boss Richard Mdluli;

- The litigation against KwaZulu-Natal Hawks head Major General Johan Booysens;

- The "spy tapes" litigation.

Selfe alleged in an affidavit that a High Court and the Supreme Court of Appeal had found her guilty of dishonesty and unbecoming conduct. The previous NDPP had tried to have her suspended and a committee led by retired Constitutional Court Chief Justice Zak Yacoob had recommended that fraud and perjury charges be laid against her.

She had faced fraud charges, but last year these were dropped and she was promoted.

Read more on:    da  |  npa  |  nomgcobo jiba  |  glynnis breytenbach

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