Jiba says courts’ scathing criticism not cause for probe against her

In an answering affidavit to the DA application, the Deputy National Director of Public Prosecution said scathing criticism judges have levelled at her conduct was unfair and that she had acted in good faith.

Jiba went on to say that the the Durban High Court and the Supreme Court of Appeal did not criticise her in person but her office.

“I wish to state at the onset that I deny that I committed any act that warrants that the president institute an inquiry against me,” said Jiba, who was recently promoted to the position of head of the National Prosecutions Service.

“I respectfully submit that the criticisms of the courts were unjustified and do not indicate that I am not a fit and proper person to practice as an advocate of the high court or to hold the office of deputy national director.”

“In all three of the matters in which the judges made adverse comments against me, my involvement in these matters was through a team of officials at the NPA (National Prosecuting Authority) … In my capacity as the acting NDPP in the matters concerned, I relied in good faith on the information and advice provided to me.”

The DA has asked the court to review the president’s decision not to institute an inquiry into Jiba and to order her suspension pending the outcome of such a probe. In August, the party had given Zuma an ultimatum to institute an inquiry against her within 24 hours to determine whether she is guilty of misconduct or face a court bid to force him to do so.

The National Prosecuting Authority in August, shortly after Shaun Abrahams was appointed as the new NDPP, withdrew its own charges of fraud and perjury against Jiba related to her decision to prosecute Johan Booysen, the head of the Hawks in KwaZulu-Natal, on racketeering charges.

In February last year, Durban High Court Judge Trevor Gorven threw out the charges against Booysen, who was suspended at the time. The judge went on to describe Jiba’s decision to charge Booysen as “arbitrary, [and] offend the principle of legality and, therefore, the rule of law and were unconstitutional”.

She also came in for criticism from the SCA for her conduct in the so-called spy tapes case in which the DA is seeking to have the 2009 decision to drop corruption charges against Zuma overturned, and her role in the decision to withdraw charges against the former head of police crime intelligence, Richard Mdluli.

Jiba is the fourth correspondent in the DA’s case against Zuma. Her affidavit went on to say that it would be disastrous for the independence of the National Prosecuting Authority if judicial rebuke of its members routinely led to their suspension and investigation.

“It cannot be the case that whenever criticism is levelled against a member of the NPA, it results in a charge of misconduct being instituted against that member.

“Institutionally it would be disastrous for the independence of the NPA if every time there are judicial criticisms against its staff for the performance of theirs in good faith, an enquiry is instituted into their fitness to hold office.”

Jiba is also facing an application by the General Council of the Bar for an order that her name be struck off the role of advocates. The application is based on the same criticism of her by the courts, and Jiba is contesting it.

In her affidavit, she noted that the council brought the application at the urging of the former National Director of Public Prosecutions Mxolisi Nxasana with whom she was at odds during his brief tenure as head of the NPA, which ended when he reached a settlement with Zuma after the president instituted an inquiry against him.

“I have serious doubts about the motivations of the GCB for bringing this application against me and as I pointed out in my answering affidavit to that appplication, it appears to be part of a political attempt to remove me from the NPA,” Jiba said.

DA justice spokeswoman Glynnis Breytenbach on Wednesday described Jiba’s arguments as disingenous.

“Her long history of undue political interference in high profile litigation should see her suspended pending the outcome of her inquiry, particularly as the deadline of the decision on the reinstatement of the 783 charges of corruption against President Jacob Zuma rapidly approaches.”

ANA

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