Jiba mum on NPA ‘fitness’ inquiry

THE Deputy National Director of Public Prosecutions, Nomgcobo Jiba, was yesterday tight-lipped on her next step following President Cyril Ramaphosa’s decision to institute an inquiry into her fitness to hold office.

Ramaphosa issued a similar notice to special director of public prosecutions Lawrence Mrwebi and gave them until next Friday to make submissions on why they should not be suspended pending the inquiries.

Jiba’s lawyer Zola Majavu confirmed his client received Ramaphosa’s letter in which he signalled his intentions to institute the inquiries and suspend her.

“We hold instructions to accede to the request to make the submissions by August 10 on behalf of advocate Jiba and once done we will await the president’s response and take it from there,” he said.

Majavu said Jiba would not be commenting on her looming suspension and the inquiry beyond making submissions to Ramaphosa.

“She respects the president’s decision and the rule of law,” he added.

In his letters to Jiba and Mrwebi, Ramaphosa said: “I cannot underscore the importance of the public’s trust in the National Prosecuting Authority (NPA) and its most senior management. It is a constitutional institution that is central to the proper administration of justice.”

He said “doubt about the fitness and integrity of anyone in so senior a position as you hold, jeopardises this trust and the ability of the NPA”.

According to Ramaphosa, the allegations made in various judgments have been in the public domain for many years now. Despite the litigation at issue not reaching conclusion, the pronouncements by these various members of the judiciary, have negatively tainted the image of the NPA, and will continue to do so until fully ventilated and addressed.

Ramaphosa’s move follows the North Gauteng High Court, in Pretoria’s December judgment reviewing and setting aside the decision by Jiba’s boss Shaun Abrahams to discontinue her prosecution for charging former KwaZuluNatal Hawks head Johan Booysen with racketeering based on untrue statements.

Ex-president Jacob Zuma’s decision not to act in terms of the NPA Act and suspend Jiba and Mrwebi pending inquiries into their fitness to hold office and to institute such inquiries was also reviewed and set aside.

In September 2016, the General Council of the Bar (GCB) succeeded in having Jiba and Mrwebi struck off the roll of advocates, a judgment that rendered them unable to practise as prosecutors, but they were victorious on appeal with the Supreme Court of Appeal ruling in their favour last month.

The GCB is taking the matter to the Constitutional Court.

Jiba and Mrwebi withdrew criminal charges, including murder and intimidation, that were pending against former head of police crime intelligence Richard Mdluli.

Mrwebi’s lawyer Amos Vilakazi was not available for comment yesterday.