No way back for Jiba as ring of Zuma defenders breaks

NOMGCOBO Jiba’s comments in her likely final appearance in Parliament as an official of the National Prosecuting Authority ring with irony in light of the judgment handed down against her.

It was a meeting between the Anti-Corruption Task Team and the Standing Committee on Public Accounts, and MPs were wondering why so few corruption cases were being finalised.

The task team reported 462 cases involving government officials in the six years since its inception, yet just 128 convictions, complained ANC MP Vincent Smith. This amounted to a 28 percent success rate.

Jiba, who had taken command of the team’s responses on realising that Hawks boss Mthandazo Ntlemeza, its co-chairman, was walking into a quagmire with his replies, explained that corruption cases were complex and highly contested.

Accused, she complained, used every trick in the book to draw out proceedings, contesting every technical aspect and frequently changing their legal representatives to give themselves a pretext for delay.

She could have been describing her own behaviour to shield former crime intelligence boss Richard Mdluli from prosecution on charges of fraud and corruption, resulting in the judgment in the Pretoria High Court on Thursday striking her from the roll of advocates.

Judge Francis Legodi found Jiba and Special Director of Public Prosecutions Lawrence Mrwebi had done everything in their power to bury the charges, despite having been warned by their legal counsel that their case in defence of the decision to drop the charges was a “sinking ship”.

Jiba defied a deadline set by the deputy judge president to provide the reasons for the decision simply because she would not “let go” of the decision to drop the charges.

“I cannot believe that two officers of the court who hold high positions in the prosecuting authority will stoop so low for the protection and defence of one individual who had been implicated in serious offences,” Judge Legodi said.

The pair’s behaviour not only brought the NPA into disrepute but, because Mdluli had addressed a letter to President Jacob Zuma that he would help him win re-election as ANC president if the charges were dropped, they had “brought the good office of the president… into disrepute”.

As the acting national director of public prosecutions and “commander-in-chief ” at the time the decision was taken, Jiba should have led by example in the war zone against serious crimes that were “crippling our country and threatening investment”, Judge Legodi said. “Instead, she flouted every rule in the fight against crime.”

The two have been placed on special leave by National Director of Public Prosecutions Shaun Abrahams as they appeal against the judgment. It is hard to see a way back. Both were found to have contradicted themselves and attempted to mislead the court – that is, lied.

Having been removed from the roll, they are disqualified to serve in their positions at the NPA, unless the appeal court overturns the judgment.

And having been found not to be fit and proper persons to serve as officers of the court, private practice also seems closed to them forever.

Only a diplomatic posting or another government job remain as options.

The ring of defenders Zuma has tried to construct around himself is crumbling. Which leaves Jiba, Mrwebi and so many others who have sacrificed bright futures in his name to ask themselves: was it worth it?