SAPS misleading on Jiba summons

26 March 2015

The statement issued yesterday afternoon by the South African Police Service (SAPS) in the matter regarding the issuance of a summons for National Prosecuting Authority (NPA) second-in-command, Nomgcobo Jiba, is clearly incorrect and the SAPS spokesperson is clearly poorly informed.

In the statement the SAPS denies that a summons was issued for Ms Jiba, who is by all accounts AWOL. They further deny that a decision has been taken whether or not to prosecute in the matter, and state that the investigation is not yet completed.

The facts are that:

A summons has been issued by the NPA (since this is NOT a SAPS function) in the normal course of events;

The summons was in fact issued by the clerk of the court of the Specialised Commercial Crime Court in Pretoria as is normal practice; 

This summons was issued with the full knowledge and co-operation of the investigating officer in the case; and

The investigating officer caused the summons to be served by an officer in his unit upon the Head Office of the NPA.

The reason for this service being that Ms Jiba could not be found due to her being absent from work without leave and was also not at her place of residence. It is therefore untrue, and unfortunately, misleading for the SAPS to state that the NPA "jumped the gun" when issuing summons against Jiba. It is equally untrue and misleading to state that no summons has been issued.

The designated prosecution team, so designated by the National Director of Public Prosecutions (NDPP), Mxolisi Nxasana, in this particular matter is stationed at the Specialised Commercial Crime Unit in Pretoria. It is therefore misleading for the SAPS to state that the docket will be placed before the relevant DPP for decision if and when the SAPS are "ready". The docket can only be placed before the designated prosecutors, and NOT the DPP.

The statement issued by the SAPS is therefore incorrect in its entirety and calculated soley to deceive the public. There can be but one explanation for this - that the National Police Commissioner, Riah Phiyega, has every intention of attempting to bring political influence to bear on the NPA or other authorities to try and protect Ms Jiba.

The transparency of this clumsy approach would be quite laughable if it was not so serious, and if it did not represent yet another attack on the Rule of Law and the separation of powers, principles which clearly elude the Commissioner.

The suggestion that I have even the remotest "vested interest" in any prosecution or not of Jiba is equally without basis. My view that Jiba should be prosecuted for her very questionable actions is based upon judgements of the High Courts and the Supreme Court of Appeal, and has nothing do with any personal opinion I may have of her.

Such a suggestion by the Commissioner is factually bereft of any truth and is a rather desperate attempt to obfuscate the issues. In future, perhaps the good Commissioner should ensure that she is adequately informed prior to making reckless statements.

A statement was issued by the NPA spokesperson yesterday in which each incorrect allegation by the SAPS was challenged, corrected and put into the proper perspective.

It is clear that the political rot in the NPA and more particularly the SAPS is getting worse, and that individuals within the ranks of both organisations will go to any lengths in order to provide political protection for those who have been deployed by the President.

Statement issued by Glynnis Breytenbach MP, DA Shadow Minister of Justice, March 26 2015

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