Justice body admonishes NPA, SAPS

Nomgcobo Jiba is the deputy National Director of Public Prosecutions.

Nomgcobo Jiba is the deputy National Director of Public Prosecutions.

Published Mar 28, 2015

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Pretoria - Cut the nonsense and get on with the job you are supposed to do, the head of the Justice Project SA has told the SAPS and National Prosecuting Authority (NPA).

The project’s Howard Dembovsky said the shenanigans surrounding the summons on national deputy director of prosecutions Nomgcobo Jiba did not make sense.

He warned that South Africans would lose trust in the police and the NPA’s ability to address issues involving ordinary citizens if they cannot work together on such a high-profile case.

On Monday the NPA served a summons on national director of public prosecutions Mxolisi Nxasana for him to pass on to Jiba, who was not at work.

Jiba was ordered to appear on criminal charges in the Pretoria Regional Court on April 21, following a decision by the NPA to prosecute her on two counts of fraud and one of perjury. The case related to the failed prosecution of KwaZulu-Natal Hawks boss Major-General Johan Booysen on, inter alia, racketeering charges.

But the SAPS accused the NPA of “jumping the gun” as the issuing of the summons was not done in consultation with the investigating officer. SAPS spokesman Lieutenant-General Solomon Makgale said they were simply concerned about the issuing of summons at this stage of the investigation and were not ready.

On Friday Nxasana said it was with sadness he had to defend the integrity of the NPA against an attack by another institution, both of which were supposed to be fighting crime. He told a media briefing the public spat came two weeks after a successful workshop where the SAPS and NPA discussed ways to fight crime together.

Nxasana said there was nothing untoward when officers issued summons to Jiba at her place of employment. “Unfortunately, she was not at work and had not reported to me about being sick or committed elsewhere. Summons can be served in person and at home or workplace.

“I received the summons and my role was to pass it on to her. I did so when she returned in the presence of a witness, but she refused to accept it. She said she had been sick and brought in a sick note.”

Nxasana said it was distasteful of the SAPS to allege that the NPA jumped the gun. “This was devoid of the truth; the assertions that the NPA is driving an agenda against Jiba are incorrect. I received a call from national SAPS commissioner Riah Phiyega, and to be honest I still do not know what the reason for her call was. She said the summons was not issued properly and I am still battling to understand what it is that she wanted from me.

“I told her that we live in a democracy where everyone is equal before the law.”

He said it was strange that the SAPS had assumed the role of the defence in the case.

According to Nxasana, Jiba knows her rights and if the summons was issued fraudulently, those responsible should be prosecuted.

“I want to say a perception is created, and it’s unavoidable, that Jiba is being protected at all costs,” he said, adding he was concerned with Phiyega’s involvement in the matter.

Dr Johan Burger, senior researcher at the Institute for Security Studies, said the process as explained by the NPA boss was procedural. He was critical of the involvement of Phiyega, and said it was indefensible, as this was not her place. “What this does is to bring to the public the conflicts that have been brewing behind closed doors. This will benefit the criminals,” Burger said.

Public confidence in the police and NPA would take a knock, he said, urging President Jacob Zuma to intervene and launch an investigation into the performance of the police commissioner.

DA MP Glynnis Breytenbach said it was clear the Jiba investigation was done by the book.

However, Makgale said the SAPS’s only interest was to conduct a criminal investigation and wanted to protect the integrity of the investigation in order to present a strong case in court.

 

“It is important that the SAPS and NPA worked together,” said Makgale.

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