AfriForum and NPA contradict each other over decision to prosecute Nomgcobo Jiba

The National Prosecuting Authority (NPA) says it has not yet made a decision on whether to prosecute former prosecutions boss Nomgcobo Jiba.

“The matter is still under consideration,” said NPA spokesperson Phindi Mjonondwane.

This is contrary to AfriForum's statement that the NPA has given it an undertaking that it will prosecute Jiba.

Mjonondwane would not comment.

“The National Prosecuting Authority informed AfriForum’s private prosecution unit in writing that it will prosecute advocate Nomgcobo Jiba, former NPA head.

“This about-turn came after AfriForum and its advocate Gerrie Nel threatened the NPA with a mandamus in November 2019 to take a decision on the prosecution of Jiba. [AfriForum's] private prosecution unit announced a while back that it wants to prosecute Jiba privately,” AfriForum said.

AfriForum said the NPA had said  the dossier against Jiba was safely locked away in a vault and was never lost.

“Jiba’s prosecution follows the private prosecution unit’s indication that Nel would be prosecuting Jiba for fraud and perjury on behalf of Gen Johan Booysen, former head of the Hawks in KwaZulu-Natal. Jiba is described all around as someone who formed part of former president Jacob Zuma’s inner circle,” AfriForum said.

“The NPA’s about-turn on prosecuting Jiba is not only a victory for AfriForum, but for everyone in the country who believes in equality before the law and who is against state capture. It is a pity that the private prosecution unit first had to apply pressure to the NPA to simply do its work and prosecute prima facie cases,” said Kallie Kriel, AfriForum's CEO.

Jiba was fired by President Cyril Ramaphosa in 2019 together with former special director of public prosecutions Lawrence Mrwebi after they were found to be unfit for office by an inquiry chaired by retired Constitutional Court judge Yvonne Mokgoro.