NPA’s Nomg­cobo Jiba un­masked as a spy

Jiba said to have had agent num­ber and flown courtesy of SSA


Was dis­graced ad­vo­cate Nomg­cobo Jiba moon­light­ing as a state se­cu­rity agent while work­ing as one of the coun­try’s top prose­cu­tors?

Doc­u­ments from a Hawks in­ves­ti­ga­tion into the for­mer act­ing na­tional di­rec­tor of pub­lic prose­cu­tions sug­gest as much.

A re­port writ­ten by a Lieu­tenant-Colonel Peter Viljoen to Colonel Kobus Roelofse of the Hawks states that Jiba made use of a “crime in­tel­li­gence ac­count” held at a Dur­ban travel agency and that the in­voice num­ber al­lo­cated to this trans­ac­tion was re­ferred as a pay­ment to “SA71”, which, Roelofse says, was an agent num­ber as­signed to Jiba.

In the Hawks re­port, Viljoen fur­ther de­tails how Jiba flew be­tween Jo­han­nes­burg and Dur­ban in Septem­ber 2010 with a ticket paid for by the State Se­cu­rity Agency.

Jiba on Fri­day re­fused to com­ment on the claims that she was an agent for one of the coun­try’s spy agen­cies and on the pos­si­ble con­flict of in­ter­est in her role as the coun­try’s sec­ond-most-se­nior pub­lic pros­e­cu­tor.

“Th­ese are very tired news from your face­less mis­chief-mak­ers in pur­suance of sin­is­ter agen­das which do not war­rant any re­sponse from me,” she said.

Jiba was struck off the roll of ad­vo­cates last year fol­low­ing court judg­ments call­ing into ques­tion her fit­ness to hold of­fice.

Hawks spokesman Hang­wani Mu­laudzi said yes­ter­day the docket de­tail­ing the claims had been sent to the NPA but had since gone miss­ing. “It has, how­ever, tran­spired from our NPA col­leagues that they do not have any record of the docket. We have thus taken re­spon­si­bil­ity to lo­cate the docket and feed­back will be pro­vided soon­est.”

Ac­cord­ing to an ini­tial Hawks re­port, the in­ves­ti­ga­tion was con­ducted in 2012 by Roelofse. It was known as Project Libambe Lin­gashoni — “Hold Up The Sun”.

Sus­pended crime in­tel­li­gence boss Richard Md­luli has pre­vi­ously al­leged that the project was tar­geted at him.

In the re­port, Viljoen writes to Roelofse: “Your re­quest re­lat­ing if there is any ev­i­dence that Ad­vo­cate N Jiba also made use of the crime in­tel­li­gence ac­count held at Westville travel and paid out of the se­cret ser­vice ac­count . . . the in­voice num­ber 155 al­lo­cated to this trans­ac­tion also re­fer[s] as pay­ment to SA71 which is an agent num­ber which means that N Jiba is a reg­is­tered agent.

“It has also been es­tab­lished that this flight were paid out of the SSA fund 201009-15 with cheque num­ber 5426 out of UTE ac­count.”

Viljoen says in the re­port that at the time of the trip, Jiba, ad­vo­cate Lawrence Mr­webi and Md­luli were in­ves­ti­gat­ing for­mer state pros­e­cu­tor ad­vo­cate Ger­rie Nel.

Viljoen’s re­port said: “En­quiries at the air­port to­day 2012-05-09 has linked the ticket to an N Jiba with iden­tity . . . en­quiries made by me on the SAPS sys­tem has es­tab­lished that the iden­tity num­ber be­longs to Nomg­cobo Jiba . . . who is cur­rently act­ing Na­tional Di­rec­tor of Pub­lic Pros­e­cu­tion.”

The fi­nal Hawks re­port was submitted to the NPA.

Viljoen also re­vealed that he had un­cov­ered a close re­la­tion­ship be­tween Jiba and Md­luli. “I have also ob­tained ev­i­dence as well as a sworn state­ment made by Md­luli on be­half of ad­vo­cate Jiba in court case which clearly spells out the close as­so­ci­a­tion. I pos­sess also other ev­i­dence . . .”

When he was con­tacted for com­ment and clar­ity on his re­port, Viljoen re­ferred all in­quiries to the Hawks.

NPA spokesman Lu­vuyo Mfaku said th­ese were not new al­le­ga­tions but did not com­ment on what the NPA did when the in­ves­ti­ga­tion was re­ferred to it by the Hawks.

“Ad­vo­cate Jiba cat­e­gor­i­cally stated to the NDPP that she is not and was never an agent for any law en­force­ment or in­tel­li­gence agency, nor has she ever re­ceived any pay­ment from them. We there­fore dis­miss the al­le­ga­tions as base­less.” Mfaku re­ferred fur­ther in­quiries to the Hawks.

In a scathing judg­ment last year, judges Fran­cis Le­godi and Wendy Hughes were highly crit­i­cal of Jiba and Mr­webi’s at­tempts to pro­tect Md­luli.

Gareth Ne­wham of the In­sti­tute for Se­cu­rity Stud­ies said this raised con­cerns about Jiba be­ing able to act in­de­pen­dently as an of­fi­cer of the court.

Th­ese are very tired news from your face­less mis­chief­mak­ers Nomg­cobo Jiba Ex-act­ing na­tional di­rec­tor of pub­lic prose­cu­tions

Pic­ture: Gallo Im­ages

Nomg­cobo Jiba dur­ing a me­dia brief­ing in 2015 in Jo­han­nes­burg when she was deputy na­tional di­rec­tor of pub­lic prose­cu­tions.

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