Johannesburg - The police have denied issuing a summons against advocate Nomgcobo Jiba and that she was close to being arrested.
“The SAPS is not looking for advocate Jiba and has not issued a summons for her to appear in court. It is our view that the NPA (National Prosecuting Authority), who are also complainants in the matter, jumped the gun when they issued a summons against advocate Jiba,” SAPS spokesman Lieutenant-General Solomon Makgale said on Wednesday.
He said the issuing of the summons was not done in consultation with the investigating officer who works at the office of Lieutenant-General Vinesh Moonoo, the divisional commissioner of the detective service.
The NPA released a statement, saying the summons had had to be served on National Director of Public Prosecutions (NDPP) Mxolisi Nxasana as Jiba, the Deputy National Director of Public Prosecutions, was nowhere to be found.
In the latest instalment of the ongoing soap opera that has been playing itself out at the NPA for the past several months, police officers arrived at the NPA offices on Tuesday looking for Jiba to serve her with a summons.
Reacting to Makgale’s statement, NPA spokesman Velekhaya Mgobhozi said: “If we have to call witnesses to testify in court that the summons was issued against Jiba, we can do so. The summons had to be served on the NDPP because she was not at work. Come April 21, Jiba will appear in court.”
She is facing two counts of perjury and fraud.
Jiba, who was then acting national director of public prosecutions, charged the Hawks’ Major-General Johan Booysen with murder and racketeering in connection with the Cato Manor Organised Crime Unit, which was accused of being a hit squad.
She came under fire when the court found she had lied about applying her mind to four statements before deciding to prosecute Booysen.
Charges against Booysen were withdrawn.
Mgobhozi said the NPA had decided to prosecute Jiba. He said the SAPS had made several attempts to serve the summons on Jiba, but she did not co-operate.
“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,” Mgobhozi said.
Makgale also denied that national commissioner General Riah Phiyega had intimidated the investigating officers or interfered with the probe.
“These allegations are not true either. The national commissioner never spoke to the investigating officers about this matter. The media reports are based on a statement issued by Glynnis Breytenbach of the DA, who also has a vested interest in the matter, because the NPA has requested the SAPS to conduct a criminal investigation into a separate matter against her,” he said.
Meanwhile, another justice and security cluster controversy is simmering.
The SAPS has spent R1.35 million on legal fees defending the suspensions of top cops, Lieutenant-General Anwa Dramat and Major-General Shadrack Sibiya, who were suspended for their alleged roles in the illegal rendition of Zimbabweans. Police Minister Nathi Nhleko suspended Dramat, who launched a court application challenging his suspension.
It has emerged via a parliamentary question that the SAPS has spent R1 008 922.56 on legal fees for Dramat and R358 259.37 on Sibiya. The court ruled that their suspensions were unconstitutional and invalid.
The Star