The NPA has said it is withdrawing the charges of fraud and perjury against Nomgcobo Jiba relating to the prosecution of KZN Hawks head Johan Booysen.
Newly appointed national director of public prosecutions Shaun Abrahams
announced on Tuesday that a decision had been taken to discontinue the
prosecution of deputy director of public prosecutions Nomgcobo Jiba.
The National Prosecuting Authority head told reporters at a
briefing in Pretoria that the fraud and perjury charges against Jiba
would be formally withdrawn in court on Wednesday.
“On the 13th of August I requested the regional head of the Specialised Commercial Crime Unit, advocate Marshall Mokgatle to provide me with his decision as the regional head of that office, accompanied by a legal opinion,” said Abrahams.
“Late yesterday [Monday] afternoon I received advocate Mokgatle’s decision and opinion in which he decided to decline prosecuting advocate Nomgcobo Jiba on the charges of perjury and fraud.”
Jiba was to go on trial on Wednesday on charges relating 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”.
In his judgement, Gorven agreed with Booysen’s assertion that Jiba had lied about having certain statements before her when she decided to prosecute and could therefore not have used them to make her decision.
Booysen was accused of running a criminal enterprise consisting of members of the former Cato Manor Organised Crime Unit of which he was the head.
Booysen faced new attempts at suspension last week, when it is understood that police management served him with a “notice of contemplated suspension”.
Earlier this month, it was reported that Abrahams was planning to drop charges against Jiba.
The Democratic Alliance then threatened to haul Abrahams before Parliament’s portfolio committee on justice and correctional services. – ANA
“On the 13th of August I requested the regional head of the Specialised Commercial Crime Unit, advocate Marshall Mokgatle to provide me with his decision as the regional head of that office, accompanied by a legal opinion,” said Abrahams.
“Late yesterday [Monday] afternoon I received advocate Mokgatle’s decision and opinion in which he decided to decline prosecuting advocate Nomgcobo Jiba on the charges of perjury and fraud.”
Jiba was to go on trial on Wednesday on charges relating 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”.
In his judgement, Gorven agreed with Booysen’s assertion that Jiba had lied about having certain statements before her when she decided to prosecute and could therefore not have used them to make her decision.
Booysen was accused of running a criminal enterprise consisting of members of the former Cato Manor Organised Crime Unit of which he was the head.
Booysen faced new attempts at suspension last week, when it is understood that police management served him with a “notice of contemplated suspension”.
Earlier this month, it was reported that Abrahams was planning to drop charges against Jiba.
The Democratic Alliance then threatened to haul Abrahams before Parliament’s portfolio committee on justice and correctional services. – ANA
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