Johannesburg - The shenanigans at the National Prosecuting Authority took another dramatic turn on Tuesday when Deputy National Director of Public Prosecutions (NDPP) advocate Nomgcobo Jiba was served with a court summons.
The Star understands that two police officers arrived at the agency’s offices in Silverton, Tshwane, on Tuesday to serve Jiba with a summons, but she was nowhere to be found.
The NPA has been close to a state of paralysis for months now, with NDPP Mxolisi Nxasana facing a commission of inquiry into his fitness to hold office.
Lawrence Mrwebi, the NPA’s Specialised Commercial Crime Unit head, is facing two charges of defeating the ends of justice and contravening section 32 of the NPA Act, after he gave former prosecutor Glynnis Breytenbach an instruction to provisionally withdraw charges against suspended crime intelligence boss Richard Mdluli.
Jiba - who was the acting NDPP at the time under consideration - and Mrwebi came in for harsh criticism in court for their handling of the Mdluli case.
The court also ruled that action should be taken against Jiba, Mrwebi as well as North Gauteng Director of Public Prosecutions Sibongile Mzinyathi.
The Star has also been told that national police commissioner General Riah Phiyega allegedly intimidated the investigators and demanded an explanation about the charges against Jiba.
Breytenbach, who is now the DA spokeswoman on justice, on Tuesday accused Phiyega of interference.
“To demand an explanation surrounding the summoning of a suspect in a criminal matter should be the very last thing that should occupy the mind of the national police commissioner,” she said.
“It is the competence of the National Prosecuting Authority and she has no business interfering in matters that should not concern her. She should also not be spending her time intimidating investigators doing their job.”
Phiyega’s spokesman, Solomon Makgale, could only say: “Where is the proof that she interfered? Did they give you any evidence of this alleged interference?”
NPA spokesman Velekhaya Mgobhozi said the summons was served on Nxasana as Jiba’s employer.
“The NDPP had also earlier tried to contact her a number of times for an unrelated meeting, but she failed to respond.
“She is not in the office and the NDPP has no record of her application for leave for the period she is absent from work,” he said.
Last year, the NPA lodged a complaint of perjury against Jiba after the court found that she had lied about applying her mind to four statements before deciding to prosecute Major-General Johan Booysen, who was head of the Hawks in KwaZulu-Natal.
Jiba was heavily criticised for her basis of instituting racketeering and other charges against Booysen and others in the High Court in Durban, where her decision was declared “irrational” and was set aside. The charges against Booysen were withdrawn.
Booysen was suspended for two years as a result of the charges.
Mgobhozi said in a statement: “The issue of summons follows a decision by the NPA to prosecute Ms Jiba on two counts of fraud and one of perjury following the failed prosecution of Major-General Booysen of KwaZulu-Natal on, inter alia, charges of racketeering in terms of the Prevention of Organised Crime Act, Act 121 of 1998.
“This is in respect of her authorisation of racketeering charges against Major-General Booysen on the basis of having had due regard to the veracity of the said charges.
“However, her sworn affidavit is contradicted by the fact that she signed the authorisation two weeks prior to the statement upon which she supposedly based her authorisation was deposed.”
Jiba’s imminent arrest comes a month before Nxasana appears before a commission of inquiry.
Jiba was expected to appear in the Pretoria Regional Court on April 21 on two counts of fraud and perjury.
Two weeks ago, the NPA announced it had decided to comply with the court order and reinstate charges against Mdluli.
The Supreme Court of Appeal ordered that charges against Mdluli must be reinstated after Freedom Under Law launched a court application challenging the NPA’s decision to withdraw corruption and fraud charges against him.
He is expected to appear in court next Wednesday.