Jiba must go

01 September 2014

The DA urges Minister of Justice and Correctional Services, Michael Masutha, to make the necessary recommendations to remove the sitting Deputy National Director of Public Prosecutions (DNDPP), Nomgcobo Jiba, from the National Prosecuting Authority (NPA) once and for all.

This comes after a scathing judgment handed down by the Supreme Court of Appeal last week on the matter of the Zuma versus DA relating to the "spy tapes" that stated her "conduct is not worthy of the office of the NDPP". 

In addition, the Supreme Court of Appeal found that Jiba failed to provide any meaningful affidavits or testimony and neglected to mention any relevant facts regarding this court application. She also failed to produce "documents and other materials within its possession, particularly in the face of an order of this court".

Jiba has enjoyed a chequered career in the NPA, and has only herself to blame. From being a career prosecutor with a fairly solid reputation, she has chosen to throw it all away in pursuit of quick and easy promotion and access to power in exchange for political favours for a corrupt President. In so doing she has not only destroyed her own credibility, but has helped to destroy one of the crucial institutions of our democracy.

It is presently unsure whether or not she is in fact an admitted advocate, but it would be a simple task for her to just say whether she is or is not. The proof thereof is easy, she needs to produce an admission certificate, or obtain a duplicate. For some strange reason she has not provided any irrefutable evidence of her admission as an advocate.

Jiba first chose the path of least resistance when she threw her weight behind the defence of Jackie Selebi and in so doing attempted to subvert the law by attempting to stop the law from running its course. She was faced with disciplinary and other charges then, but these were made to disappear by Menzi Simelane, who returned her (and Lawrence Mwrebi) to active service and entered into an undisclosed settlement with both of them and others, with apparent impunity. Certainly none of the current top management of the NPA said or did anything to protest or prevent it.

Jiba was then promoted with breathtaking alacrity from senior Deputy Director of Public Prosecutions (DDPP) to DNDPP -a feat previously unheard of - and over the heads of many other more capable senior officials in the NPA. This was done by President Zuma at the death of the Simelane reign of destruction in the NPA, clearly to take over the protection of the President where Simelane, and Mpshe before him, had left off.

Mwrebi, in turn, was promoted to SDPP, also quite astonishingly, clearly to ensure the protection of the President, but more importantly, to protect the good friend and disgraced Crime Intelligence Head, Richard Mdluli.

Jiba (and Mwrebi) acquitted themselves with distinction, operating with apparent impunity and abusing the NPA and the Rule of Law with no regard for the damage done to the NPA, to the country or the legal system. They clearly thought that they could do so with no consequences, enjoying the protection of the Minister and the President. So much so that her husband, Booker Nhantsi, was pardoned and had his criminal record expunged after having been convicted of stealing Trust Monies by the Mthatha High Court.

Jiba has subsequently been slated by the North Gauteng High Court and the Supreme Court of Appeal for her handling of the Mdluli matter. She has been slated by the KZN High Court for her handling of the Booysen matter, and now most recently, indicted again by the Supreme Court of Appeal for her handling of the "spy tapes" matter.

This litany of subversion of the Rule of Law, of total disregard for the importance of the NPA and her duty to uphold the Constitution of this country can surely not go unattended to any longer. It is time that Minister Masutha, and more importantly, the President paid attention to that which is crystal clear to ordinary South Africans. Jiba is not fit to hold the office that she occupies. She is not fit to be a prosecutor. As such she must be removed, and the sooner the better.

Statement issued by Glynnis Breytenbach MP, DA Shadow Minister of Justice, September 1 2014

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