Hawks in­ten­sify Nomg­cobo Jiba probe

CityPress - - News - PADDY HARPER paddy.harper@city­press.co.za

Hawks in­ves­ti­ga­tors have started in­ter­view­ing po­ten­tial wit­nesses in KwaZulu-Natal and other prov­inces as they probe al­le­ga­tions of mis­con­duct against Deputy Na­tional Di­rec­tor of Pub­lic Pros­e­cu­tions (NDPP), Ad­vo­cate Nomg­cobo Jiba.

Two se­nior po­lice of­fi­cials told City Press this week that a team of in­ves­ti­ga­tors had vis­ited the prov­ince last month and taken state­ments from sev­eral peo­ple – in­clud­ing a high-rank­ing po­lice of­fi­cial whose name is known to City Press – as part of their in­ves­ti­ga­tion.

Ear­lier this year, the Na­tional Prose­cut­ing Au­thor­ity (NPA) con­firmed that a per­jury charge had been opened against Jiba. How­ever, the Hawks in­ves­ti­ga­tion is un­der­stood to stem from the Zuma spy tapes case, or Jiba’s al­leged un­law­ful is­su­ing of a rack­e­teer­ing cer­tifi­cate against Hawks KwaZulu-Natal head Gen­eral Jo­han Booy­sen.

Booy­sen has been placed on spe­cial leave pend­ing an ap­peal by Na­tional Po­lice Com­mis­sioner Riah Phiyega against a rul­ing by the po­lice board of in­quiry, which ex­on­er­ated Booy­sen of any mis­con­duct. “They car­ried out the in­ter­views as part of the com­pi­la­tion of a docket against her. There was an in­di­ca­tion that there would be a decision on whether to pros­e­cute her in the next cou­ple of weeks,’’ said the se­nior po­lice of­fi­cial. Jiba was re­cently ham­mered for her con­duct by the Supreme Court of Ap­peal in its judg­ment on the Zuma spy tapes and was sim­i­larly crit­i­cised in a sec­ond mat­ter be­fore the same court for be­ing “less than can­did”.

In the spy tapes rul­ing, the court said Jiba’s con­duct was “not wor­thy of the of­fice of the NDPP. Such con­duct un­der­mines the es­teem in which the of­fice of the NDPP ought to be held by the cit­i­zenry of this coun­try.”

Jiba was also crit­i­cised by Dur­ban High Court judge Trevor Gor­ven for is­su­ing the rack­e­teer­ing cer­tifi­cate against Booy­sen in the Cato Manor hit squad case. He said in his judg­ment that Jiba’s “un­con­sti­tu­tional’’ de­ci­sions in the mat­ter did not “pass muster’’ and were “ar­bi­trary, of­fend the prin­ci­ple of le­gal­ity and there­fore the rule of law”.

Na­tional Di­rec­tor of Pub­lic Pros­e­cu­tions Mx­olisi Nx­as­ana, who is fight­ing for sur­vival him­self, wrote to Pres­i­dent Ja­cob Zuma after the SCA rul­ing ask­ing for per­mis­sion to sus­pend Jiba.

In Au­gust, the NPA con­firmed that Jiba and se­nior of­fi­cials Si­bongile Mziny­athi and Lawrence Mr­webi had been charged with per­jury after lobby group Free­dom Un­der Law had the NPA decision to drop crim­i­nal charges against for­mer crime in­tel­li­gence boss Gen­eral Richard Md­luli, re­versed.

Hawks spokesper­son Colonel Paul Ra­maloko re­ferred City Press to Phiyega’s spokesper­son Solomon Mak­gale, who was not im­me­di­ately avail­able for com­ment.

NPA spokesper­son Nathi Mn­cube re­fused to com­ment.

IN THE LINE OF FIRE

The pres­sure is build­ing on Nomg­cobo Jiba

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