DA to appeal Jiba suspension judgment

Deputy National Director of Public Prosecutions Nomgcobo Jiba. File picture: Phill Magakoe

Deputy National Director of Public Prosecutions Nomgcobo Jiba. File picture: Phill Magakoe

Published May 23, 2016

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Cape Town - The Democratic Alliance (DA) says it will appeal the Western Cape High Court’s ruling on Monday to dismiss its application to have the National Prosecuting Authority’s Deputy National Director of Public Prosecutions, Advocate Nomgcobo Jiba, suspended pending an inquiry into her fitness to hold office.

The DA had argued in its application that president Jacob Zuma’s failure to suspend Jiba was unlawful and tainted by ulterior motives and bias.

It further argued that Zuma had ignored compelling grounds for suspending Jiba, notably that she had been criticised by judges in several different courts.

“She stands accused of lying to the court, failing to comply with court orders, ignoring deadlines, failing to exercise an independent mind, and ‘shielding irrational and illegal actions from judicial scrutiny’,” DA MP and justice spokesperson Glynnis Breytenbach said earlier this year.

On Monday, Breytenbach told journalists at the Western Cape High Court that she was not stunned by the ruling, as “nothing shocks me anymore”. But, she said the DA would continue its fight.

In a press statement, Breytenbach said: “The President, when he appointed her, could not possibly have applied his mind rationally to the appointment. The controversies surrounding her at the time were sufficient to disqualify her. Her subsequent odious behaviour, both as acting NDPP and as DNDPP now certainly make her unfit hold any office in the NPA.”

She also said Jiba’s “effective promotion to the Head of the NPS, effectively the second most powerful position in the NPA, demonstrates further that she retains power despite her obvious flaws”.

Describing NPA head Shaun Abrahams as “nothing but a pawn”, she said he had effectively placed her in the most powerful position in the country.

“Effectively, she will make final decisions on whether to institute contentious prosecutions, or decline to prosecute in contentious matters such as the Zuma Corruption Charges (Spy Tapes)”.

Breytenbach said the DA would not allow the “President’s inaction to topple the rule of law or the integrity of the South African criminal justice system”.

“It is telling of course that the three cases in which Adv Jiba acted concerned serious charges against the President and senior members of the SAPS aligned to the President. The cases were all extremely politically sensitive. They are exactly the types of cases in which an honest, independent DNDPP is absolutely vital, and where the failure to exhibit those qualities undermines the integrity and the independence of the NPA as a whole. Yet in all three cases, Adv Jiba demonstrated that she lacked the basic integrity, independence, diligence and conscientiousness to perform the functions of the NDPP, or a DNDPP”.

But Jiba’s lawyer Zola Majavu hit back at the DA and any plans to appeal.

He said his client had been vindicated. “They must understand they can win some, lose some, they cannot be cry babies about this case. We have to accept the courts see things differently. I have no problem with them taking it on appeal. It is indeed what they are entitled to do. But we will do all we have to do to protect our client’s rights, all the way to the Constitutional Court if we have to.”

The General Council of the Bar, and the fifth respondent in this matter, had applied to have Jiba struck from the roll of advocates independently.

In his judgement, Western Cape High Court Judge Nape Dolamo said he agreed with President Zuma’s decision to await the outcome of that matter before making any decisions.

“Even if I am wrong in concluding that the President’s decision to await the outcome of the GCB application was irrational and unlawful it does not follow that I am at liberty to usurp his powers and order a suspension and the holding of an inquiry. I am constrained by the separation of powers doctrine which precludes me from wading in and announcing my preferences.”

African News Agency

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