New NPA boss’s credibility in doubt
Decision to drop charges against Jiba seen as suspect
LESS than a month after becoming the National Prosecuting Authority’s boss, advocate Shaun Abrahams has been accused of showing his true colours.
The claim follows his withdrawal of charges against embattled deputy Nomgcobo Jiba over her failed attempt to prosecute Hawks head in Kwa-Zulu-Natal Johan Booysen.
Last month, Abrahams vowed to be impartial, but yesterday, watchdog organisations and the DA condemned his decision.
They said Abrahams’s credibility would be questioned, and the DA said it would take steps to force the NPA to give clear reasons for the withdrawal of the charges.
Jiba was expected to go on trial today on charges of perjury and fraud for signing off on racketeering charges against Booysen which were later dropped because of a lack of evidence.
Yesterday, Abrahams said, during a hastily called media conference, that the decision was made by the regional head of the Specialised Commercial Crime Unit in terms of a provision of the Prevention of Organised Crime Act, and he concurred with it.
The act states that an authorised person can’t be held liable for “anything done under good faith” under this law.
He refused to take questions from the media.
The criminal case against Jiba was opened after a judgment by Durban High Court Judge Trevor Gorven in which he found that Jiba had had no evidence before her to authorise Booysen’s prosecution. All charges were subsequently withdrawn against him.
The DA’s Glynnis Breytenbach said the NPA’s poor decision making was “disappointing”. “For advocate Abrahams to try to avoid accountability is an indication of his true colours. To suggest that he’s merely agreeing with a subordinate is ludicrous.
“As the NDPP (national director of public prosecutions), he must apply his own mind to all decisions.”
Paul Hoffman, director of the Institute for Accountability in Southern Africa, said it would have been better for Jiba and the NPA’s credibility if the matter had been taken to trial.
Hoffman said it was President Jacob Zuma’s duty to act in terms of the NPA Act to suspend Jiba as there were three court judgments, including the Gorven judgment, which were highly critical of her.
The other two related to her conduct and the conduct of senior NPA officials Lawrence Mrwebi and Sibongile Mzinyathi in the decision to drop the charges against suspended crime intelligence head Richard Mdluli. “The effectiveness of the judiciary is being undermined,” said Hoffman.
Institute for Security Studies researcher Gareth Newham said the institution had welcomed Abrahams’s appointment, but his decision would make people suspicious of him.
Council for the Advancement of the South African Constitution’s Lawson Naidoo said Abrahams had vowed after his appointment that the NPA would be “turning over a new leaf ”, but the Jiba decision suggested otherwise.
“This isn’t how you restore the public’s confidence.”
Jiba still faces criminal charges along with Mrwebi and Mzinyathi for their handling of the Mdluli case.