Freedom Under Law want interdict against Jiba, Mrwebi

2015-11-17 09:19
Nomgcobo Jiba (File, News24)

Nomgcobo Jiba (File, News24)

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

Pretoria - Freedom Under Law (FUL) will apply for an interdict on Tuesday to bar the head of Special Prosecutions Services Nomgcobo Jiba and Specialised Commercial Crime head Lawrence Mrwebi from work.

In its founding affidavit FUL executive officer Nicole Fritz, names the respondents as
- Jiba;
- National Director of Public Prosecutions Sean Abrahams who announced withdrawing the fraud and perjury charges she faced;
- Regional head of the Specialised Commercial Crime Unit Marshall Mokgatle who made the decision to withdraw the charges with Abrahams;
- Justice Minister Michael Masutha because as a Cabinet member he had an oversight function over the authority;
- President Jacob Zuma because he had, on FUL's submission, failed to protect the integrity of the National Prosecuting Authority (NPA) by letting them stay in their jobs in spite of previous court rulings and reservations about their conduct;
- And Mrwebi, head of the Specialised Commercial Crime division of the NPA.

FUL’s argument

According to the FUL application, the only way to “protect the sanctity" of the prosecuting authority is that an interdict bar Jiba and Mrwebi from work, and that an inquiry into their fitness to hold office be held.

FUL intends to argue that Jiba, Mrwebi and Zuma had failed in their constitutional duty to protect important crime fighting institutions and to uphold the rule of law. Fritz said that Jiba and Mrwebi make critical decisions on sensitive and high profile investigations, which may be difficult to reverse.

It believes the “intransigent and supine attitude” of Abrahams and Zuma jeopardises the functioning of the entire criminal justice system.

FUL also bases its action partly on Jiba and Mrwebi for not charging former crime intelligence head Richard Mdluli with fraud and corruption.

It believes Mrwebi contradicted himself in evidence over a decision to not prosecute Mdluli when giving evidence to lawyers in the Mdluli matter, and when testifying at the disciplinary enquiry of former director of prosecutions Glynnis Breytenbach.

Jiba and Mrwebi also said that legal submissions in their affidavit in the Mdluli matter when it was before court, were based on the advice of their representatives, which FUL said was not the case.

Failed

They had also only provided a “sparse few documents” as record of proceedings leading to withdrawing charges against Mdluli, compared with three lever arch files of case dockets.

The two persisted though with a high court application opposing a review decision on Mdluli, and FUL believes this is “below the standard expected from a senior officer of the court”.

Jiba also allegedly ignored a request by Breytenbach to review the decision to drop charges against Mdluli.

FUL said she had also faced the fraud and perjury charges for allegedly making a sworn statement against senior KwaZulu-Natal police officer Major-General Johan Booysen when she did not yet have the information to be used against him.

R17m settlement for Nxasana

FUL believes Zuma should have instituted a commission of inquiry into Jiba and Mrebi's conduct but failed to do so.

The charges against Jiba were withdrawn on August 19 and was one of the first announcements Abrahams made when he succeeded Mxolisi Nxasana. She was also promoted to head of National Specialised Prosecution Services.

Nxasana departed suddenly when an inquiry into his own fitness to hold office was called off at the last minutes. He received a R17m settlement when he left.

Breytenbach was put through a disciplinary inquiry and although she saved her job, she was posted to a different office, and decided to resign.

She is now a Member of Parliament for the opposition Democratic Alliance.

Read more on:    npa  |  freedom under law  |  lawrence mrwebi  |  nomgcobo jiba  |  judiciary

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

Inside News24

 
PARTNER CONTENT
INFOGRAPHIC: New thinking required for retirement

Everything we believe about retirement is fast becoming outdated.

/News

Book flights

Compare, Book, Fly

Traffic Alerts
Traffic
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.