State fights bid to force NPA boss Jiba to testify in Breytenbach trial
LAWYERS for former commercial crimes prosecutor Glynnis Breytenbach have their sights firmly set on hauling disgraced Deputy National Director of Public Prosecutions Advocate Nomgcobo Jiba into court.
They want to force her to answer questions on why she suspended Breytenbach and whether the suspension was to protect controversial crime intelligence boss Richard Mdluli.
Breytenbach‚ now a Democratic Alliance MP‚ believes she was suspended over her insistence Mdluli be prosecuted for fraud and corruption.
Breytenbach is on trial‚ along with her former lawyer Gerhard Wagenaar‚ in the Pretoria North Magistrate’s Court on charges of defeating the ends of justice and contravening the National Prosecuting Act. She also faced charges of improper conduct related to a mine rights case.
She was subjected to an internal disciplinary hearing but found not guilty of the 15 charges brought against her.
Breytenbach was also under investigation by the Hawks for allegedly obstructing the ends of justice.
The Pretoria High Court last year removed Jiba‚ along with her colleague‚ Lawrence Mrwebi‚ from the national roll of advocates.
The pair were sanctioned for the way they handled the fraud and corruption case against Mdluli.
For hours yesterday‚ state prosecutor Raymond Mathenjwa argued that it would not be in the interest of justice for Jiba to appear in court.
“They are inferences without proof. Why do they want her [Jiba] on the stand?
“All she will say is what has already been said by witnesses.”
He said the defence had raised issues with Jiba’s authority to sign Breytenbach’s suspension letter and the time it took to actually suspend her.
“Yes it was weeks later‚ but that is a decision management is entitled to take.”
But Breytenbach’s advocate, Barry Roux, argued there was more to the letter than met the eye.
“The Justice Minister has the executive power to delegate managers within the NPA to do things. In this case, who did he delegate? There is no evidence that it was Jiba.”
He said what was perplexing was why the prosecution did not want to have Jiba testify.
“We need to understand this because what better person to testify than the author of the suspension letter?”