DA loses bid to appeal Jiba ruling

2016-09-08 17:01
Nomgcobo Jiba (Picture: Supplied)

Nomgcobo Jiba (Picture: Supplied)

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Pretoria - The DA has lost an appeal in its attempt to have deputy prosecutions boss Nomgcobo Jiba suspended, according to a judgment handed down by the High Court in Pretoria on Thursday.

Handing down judgment Judge Nape Dolamo stood by his earlier decision that he could not find anything unlawful about President Jacob Zuma's decision to wait for the outcome of a General Council of the Bar's (GCB) application to have Jiba struck off the roll of advocates.

The DA had applied last September for an order to set aside Zuma's decision not to invoke section 12(6)(a) of the National Prosecuting Authority Act and hold an inquiry into Jiba's alleged misconduct.

The party believed Zuma was being irrational by not suspending her and looking into her fitness to hold office based on many complaints the DA had against her.

The complaints included that she had allegedly ignored a request by then-prosecutor and now-DA MP Glynnis Breytenbach to reconsider a decision not to prosecute former police crime intelligence boss Richard Mduli on murder, fraud and corruption charges.

She had also declined to hand over the so-called "spy tapes" Zuma's lawyers presented when the party made representations (successfully) on why he should have to stand trial for fraud and corruption allegations relating to the country's multi-billion rand arms deal. 

Zuma not 'passing the buck'

The tapes apparently contained conversations which provided evidence of political interference in the decision to charge Zuma and were provided as a reason for the charges against him being dropped. 

She also faced charges of fraud and perjury, but these were withdrawn last August.

The charges related to whether she indeed had the statements she said she had when she ordered the on-again-off-again prosecution of KwaZulu-Natal Hawks head Johan Booysen. 

In his judgment on Thursday Dolamo said it was no longer enough to be granted leave to appeal because another court "might" come to a different conclusion. Applicants had to show that another court "would" come to a different decision, otherwise the courts would be clogged with applicants.

He also felt there was a move away from suspending people just because they might face a disciplinary inquiry. 

Based on this, he did not regard Zuma's decision regarding the GCB findings as "passing the buck".

The outcome of the GCB's application to have her struck off the roll of advocates is still pending.

Read more on:    npa  |  gcb  |  nomgcobo jiba  |  jacob zuma  |  glynnis breytenbach  |  pretoria  |  justice

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