NPA: Charges against Jiba withdrawn

By Drum Digital
18 August 2015

Charges of perjury and fraud against deputy NPA head Advocate Nomgcobo Jiba will be withdrawn in the Commercial Crimes Court in Pretoria.

Charges of perjury and fraud against deputy NPA head Advocate Nomgcobo Jiba will be withdrawn in the Commercial Crimes Court in Pretoria.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and sound in law and there are no reasonable prospects for successful prosecution and as such, the matter will be withdrawn in court tomorrow [Wednesday].”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

Source: News24

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