Pretoria - The National Prosecuting Authority deputy director for public prosecutions Nomgcobo Jiba says she feels vindicated after charges of fraud and perjury against her were dropped in the Specialised Commercial Crimes Court in Pretoria on Wednesday.
“Naturally I am a human being like any of you, but I must say, I do feel vindicated and I do feel relieved,” Jiba told reporters outside the court.
“As of today, I am going to be able to focus on what I am supposed to do. I am a prosecutor and I have been for quite a number of years. I remain loyal to the National Prosecuting Authority and to the members of the public that we have to serve.”
Jiba was expected to go on trial on Wednesday on charges of perjury and fraud for signing off on racketeering charges against Hawks head in KwaZulu-Natal Johan Booysen which were later dropped because of a lack of evidence.
On Tuesday, National Prosecuting Authority’s top boss advocate Shaun Abrahams said in a hastily called media conference, that the decision to wihdraw the charges against Jiba 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 All charges against Booysen were subsequently withdrawn.
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 sub-ordinate is ludicrous.
“As the NDPP (national director of public prosecutions) he must apply his own mind to all decisions.”
Paul Hoffman, the 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 judgments related to her conduct and that of senior NPA officials Lawrence Mrwebi and Sibongile Mzinyathi in the decision to drop the charges against 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 is not how you restore the public’s confidence.”
Jiba still faces criminal charges with Mrwebi and Mzinyathi for their handling of the Mdluli case.
The NPA’s decision to drop the fraud and perjury charges against Jiba would have no impact on the application to have her struck from the roll of advocates, Bar Council chairman, Jeremy Muller SC, said.
“The fact that the charges were at the time preferred or that they may have now been withdrawn will not affect the application.”
Meanwhile, Abrahams also announced on Tuesday that he had reshuffled the NPA’s top echelons.
He said: “I once again reassure you to my commitment to lead this institution without fear, fear or prejudice and with the utmost due to God, to the Constitution and the rule of law.”
Ululation and clapping echoed in the briefing room from hordes of NPA staff who had joined the media as Abrahams read out his statement. There was no opportunity for questions afterwards.
ANA and The Mercury