Jiba to challenge Mokgoro inquiry report, says its findings have been 'unfair' to her

2019-04-26 15:35
Suspended deputy prosecutions boss Nomgcobo Jiba may be facing charges of fraud and perjury. PHOTO: Beeld

Suspended deputy prosecutions boss Nomgcobo Jiba may be facing charges of fraud and perjury. PHOTO: Beeld

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Advocate Nomgcobo Jiba will be heading to court to challenge the Mokgoro inquiry report which found that she was unfit for office.  

President Cyril Ramaphosa fired Jiba and her colleague advocate Lawrence Mrwebi from the National Prosecuting Authority on Thursday night. 

In a statement, the Presidency said: "The Mokgoro Enquiry concludes its report with the observation, among others, that [National Prosecuting Authority] officials are required to be completely devoted to the rule of law without fail, as the country depends on it."

Ramaphosa's office further states that the dismissals are effective immediately, and he will give Parliament the documents he based his decision on as per Section 12(6) of the NPA Act.

The President's decision comes after retired Constitutional Court justice Yvonne Mokgoro recommended that Ramaphosa sack the two from the NPA.

READ: Mokgoro inquiry: 10 damning findings against Nomgcobo Jiba, Lawrence Mrwebi

However, in a statement released on Friday, Jiba said she pleaded with the inquiry to make recommendations that would strengthen the independence of the NPA, but it failed to do so.  

"I stand by my evidence given to the inquiry and intend to ensure that my actions were all done to advance prosecutorial independence and not to undermine them," she said.  

Jiba said Ramaphosa's decision to declare her a "prohibited public servant will not stand judicial scrutiny because it is self-evidently wrong, amounts to abuse of executive power, alternatively a failure to properly exercise that power". 

She also said there are "numerous elementary but gross errors of judgment made by the inquiry that a review application to the High Court will demonstrate". 

Booysen

Jiba said it was "inimical to prosecutorial independence to impugn my decision to authorise the prosecution of Colonel [former KZN Hawks boss Johan Booysen in circumstances where he must answer for the murder of more than twenty (20) black suspects.  

"I point out the race of the suspects because I know that if the roles were reversed and a black policeman had overseen the murder of over twenty (20) white suspects, I would be regarded as a heroine for prosecuting such an accused."

She said whatever the inquiry and the President’s conclusions are on her decision as a prosecutor regarding the Booysen matter, there were over twenty families in the Cato Manor whose children were gunned down in police raids that must still be explained to the public through our court system.  

"The blood of those killed in these raids will continue to seek justice until Booysen takes the stand to explain his role."

READ: Mrwebi refuses to comment on dismissal waits on parliament

Booysen is due back in court in October. 

She said another issue which she believes the inquiry "missed" is that the Supreme Court of Appeal found nothing wrong with her role in prosecuting Booysen.  

"The inquiry is not a Court of Law and may not issue a recommendation that contravenes a factual finding of a Court of Law," she said.    

"The inquiry failed to grasp basic constitutional principles governing its work- more particularly that it is not entitled to overturn the findings of a Court.

"The President also failed to respect the order of the SCA in so far as he accepted that I acted incompetently when I authorised the charging of Booysen."  

'I will not be stripped of my rights'

She said the inquiry and the President were wrong to "impugn" her conduct in relation to the case of former Crime Intelligence boss Richard Mdluli and the Spy Tapes saga.  

"I have raised these preliminary legal points to highlight my intention to clear my name and the legacy of my professional commitment as a prosecutor of over 27 years. 

"The President conveyed to me that I am disqualified from serving my country in any position in the Public Service. I can assure the President that I will not be stripped, by executive stealth and fiat, of my rights routinely accorded to all citizens to serve this great country in the position of my calling." 

Jiba said for now Ramaphosa's decision to axe her must receive the attention of the Legislature and that she looks forward to engaging when the matter is debated. 

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