High Court sets aside Shaun Abrahams' decision to withdraw charges against Jiba

Advocate Shaun Abrahams.  (File, Netwerk24)
Advocate Shaun Abrahams. (File, Netwerk24)

Johannesburg - The North Gauteng High Court in Pretoria has set aside the decision by NPA boss Shaun Abrahams to withdraw charges against his deputy Nomgcobo Jiba.

Freedom Under Law's Nicole Fritz told News24 that the court had also ruled that President Jacob Zuma should institute an inquiry into the conduct of Jiba and her colleague Lawrence Mrwebi.

The two were also not allowed enter the NPA offices in Pretoria.

Jiba is still on special leave from her position as deputy national director of public prosecutions.

In August 2015, Abrahams withdrew charges of perjury and fraud against Jiba. The charges related to her decision to prosecute Johan Booysen, the former head of the Hawks in KwaZulu-Natal, on racketeering charges.

Last year, Jiba and Mrwebi were struck off the roll of the General Council of the Bar of SA.

News24 reported at the time that this was over their handling of the case against former crime intelligence head Richard Mdluli.

However, Jiba and Mrwebi were granted leave to appeal the decision in January this year, and the following month, Zuma decided not to suspend her or to institute a commission of inquiry into her conduct.

In November, lobby group AfriForum announced that it would institute legal action to privately prosecute Jiba on charges of fraud and perjury.

Earlier in December, a full Bench of the North Gauteng High Court ruled that Abrahams must vacate his seat as national director of public prosecutions. 

Read more here: Battle over Abrahams’ exit

It further ruled that it would not be just for former prosecutions boss Mxolisi Nxasana to be reinstated and that, due to his pending corruption case, Zuma was conflicted in appointing the NDPP.

The court said Deputy President Cyril Ramaphosa had two months to appoint a new head of the National Prosecuting Authority. 

The NPA and Zuma have both applied for leave to appeal that judgment. 

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