Jiba: NPA doesn't just withdraw charges

2012-11-20 14:07

Pretoria - The National Prosecuting Authority (NPA) does not withdraw charges against people without reason, acting head Nomgcobo Jiba said on Tuesday.

"We do not merely withdraw charges against accused people... there is vigorous consultation and processes to be followed," Jiba said in Pretoria at an Institute for Security Studies seminar.

"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 President Jacob 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]."

300+ pages of internal documents

The NPA's decision to drop the charges - taken by then acting NDPP Mokotedi Mpshe - came a month before he 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.

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hand over a record of all documents, recordings, materials and evidence that led to criminal charges against Zuma being withdrawn.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 where there is a prima facie case but you can't prosecute."

Jiba admitted there were challenges 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."

  • claudette.blankenberg - 2012-11-20 14:17

    Yeah right!!

      alan.jerrold - 2012-11-20 14:38

      Yes, of COURSE the NPA doesn't withdraw charges without reason, Jiba. The reason in this case is that a lot of crooks wanted Zuma in power, never mind the law, and simply bulldozed ahead, with Honest Michael Hulley leading the charge.

      godfrey.welman - 2012-11-20 14:47

      Ms is a tip, do your 'vigorous consultation' before you put the case on the court roll, like WaAfrica case, Zuma vs Zapiro which you proceed with knowing you don't have a winnable (to use your expression) case.

      alan.gernet - 2012-11-20 14:48

      nah - it's true - they don't just drop[ charges unless there is some high level political interference.

      johan.maree.5036 - 2012-11-20 14:49

      There was "vigorous" processes but you just ignored the outcome and dropped the charges anyway, you must be really dumb if you think we believe you!

      charlesbronson.bronson - 2012-11-20 14:55

      We belief you. No I am serious we do :)

      lsfreak - 2012-11-20 15:16

      "We do not merely withdraw charges against accused people... there is vigorous consultation and processes to be followed," Yip she's got that right... 1st find out who the person is, then see what deal can be made and finally "consult" the bank to see the benefits :D

      tw2066 - 2012-11-20 19:26

      Seemingly you also dont drop yourself in the $#!t either. Old Zipper is your boss isnt he?

  • michael.horton.566790 - 2012-11-20 14:18

    Yeah we have a crook for a president!!! Viva ANC! I really hope that he will be tried for his illegal activities!!!

      michael.horton.566790 - 2012-11-20 14:20

      What has this country came to...??? It's a disgrace that people actually still vote and support this bastard!

  • JanGrimbeek - 2012-11-20 14:18

    Oh boy...

  • george.michaelides.71 - 2012-11-20 14:18

    Really, go to CNA and buy a book called Zuma Exposed, just released, and then come and tell us your hogwash......numb nuts.!!

  • Deon de Lange - 2012-11-20 14:18

    JZ heard a noise at the window - and promptly accepted a bribe.

      rontheogre - 2012-11-20 14:22

      No, he called it a toll fee.

      rob.gunning.1 - 2012-11-20 14:40

      If it was from one of his Nkandla windows he wouldn't have heard a thing. Those windows are thicker than the ones they use in a bank.

      alan.gernet - 2012-11-20 14:48

      yeah - that Mystery Bank he got the loan from especially.

  • Gary.desousa7 - 2012-11-20 14:20

    As long as the heads of npa etc seem to be political appointments they will be tarred with that brush

      alan.gernet - 2012-11-20 14:49

      then 'tarred' is the right word

  • John.Yossarian22 - 2012-11-20 14:22

    She says absolutely nothing of consequence according to this article. Maybe she should become a politician?

  • godfrey.welman - 2012-11-20 14:25

    Ease the stress on the NPA, prosecute like any case and let the Courts judge the merits when ANC big-shots are involve.

  • piet.motsoeneng - 2012-11-20 14:28

    Fine Ms Jiba, give us the reason why charges against Mr Nkandlagate were dropped since you know so much about prosecutions. We may not all be experts in that field but rest assured that we are not as stupid as you may think. And ofcourse we didn't expect anything different from you either you are just one of a bunch of puppets who say what they are told to say. Your example is as lame as an explanation that Mr Nkandlagate gave to parliament last week. So, thank you for the information even though it doesn't change anythingin our eyes!

  • matusowsky - 2012-11-20 14:28

    Cool story bro, would you like to tell us another lie?

  • gordon.turner.37 - 2012-11-20 14:29

    A bit of back scratching?? 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.

      Warren Mudge - 2012-11-20 16:32

      the plot thickens. Any reasonable person must come to the conclusion that these appointments, and the results obtained by such, are all connected to one conniving person ( The Lord of the Manor Nkandla ) covering his ass for crimes previously committed. It has to come back and bite you sometime, as there is only so much covering up and favour purchasing one can do. I guarantee you he has nightmares thinking about what he has not covered yet. Be patient citizens, it is only a matter of time. This bond lie is the start of this mans fall into obscurity.

      justsayingagain - 2012-11-20 18:47


  • justsayingagain - 2012-11-20 14:39


  • maredi.mello.75 - 2012-11-20 14:42

    Pull the other, one you sycophant!

  • justsayingagain - 2012-11-20 14:43

    Ag Ms us all a favour and shut that appeasing gob of yours, wont you? We are sick to death of you and your like!!

  • parys.fotograaf - 2012-11-20 14:49

    This person must think we are all idiots....wonder who is the real idiots in this story.

  • Jeremiah - 2012-11-20 14:53

    Jiba , was it not your husband that was pardoned by President Zuma for corruption and fraud, and you were also suspended previously ... lets not say why...

  • alaina.robbertse - 2012-11-20 14:55

    Tell us the reason then why you dropped charges again showerhead Zuma or don't you know yourself why you did it.

  • alaina.robbertse - 2012-11-20 14:56

    One lie after another.The NPA is crooks of format.

  • jacqui.daanevanrensburg - 2012-11-20 15:05

    Withdraw charges without reason?. You bet you do, all the time.

  • odupreez - 2012-11-20 15:31

    Raelly ?? , and we are supposed to believe this, the only thing most Governement officials are virgorous about is their massive pay-check, travel allowance, free multiple houses and free for all parties.

  • bongohead.sipho - 2012-11-20 15:33

    Charges withdrawn !!!!!! Who got paid what ?????

  • marcel.pyoos - 2012-11-20 15:51

    Reads as if the person in charge at the time did as he was told and then was redeployed before the penny dropped - happens way too often.

  • ro.jhb.1 - 2012-11-20 17:06

    Jiba you are not being truthful

  • mondli.dlomo.73 - 2012-11-20 18:29

    whenever the topic has something to do with Zuma people will go out of their way just to have their own say, interesting ne? he is our president anyway we like him, don't we? thumbs up = 0, thumbs down = 400

  • mondli.dlomo.73 - 2012-11-20 18:29

    whenever the topic has something to do with Zuma people will go out of their way just to have their own say, interesting ne? he is our president anyway we like him, don't we? thumbs up = 0, thumbs down = 400

  • kevin.watson.7906 - 2012-11-20 18:36

    Stupid mendacious idiot. Her economy with the truth is stupifying.

  • winifred.watson.9 - 2012-11-20 18:38

    Eish every dept in government and even the law of the land has been corrupted by one man. That he can as one man get all this support by people who will lie and throw their integrity out the door for this man is really something. How people can cheapen themselves and throw theirself respect and dignity out the window for one corrupt thief.

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