Jiba denies ‘damaging’ allegations that she targeted enemies of state capture

Suspended deputy national director of public prosecutions Nomgcobo Jiba testified at the Mokgoro commission on Thursday, where she was asked about a submission to the commission by former deputy prosecutions boss Willie Hofmeyr, which was, according to the commission’s chair, titled “The wrongful prosecution of Booysen”.

The Citizen reported earlier on Thursday that Jiba had denied her prosecution of former Hawks boss Johan Booysen had been unlawful.

The chair read from Hofmeyr’s submission, which said “a very concerning development trend that emerged under Jiba and was almost institutionalised by [former National Director of Public Prosecutions Shaun] Abrahams was to  prosecute those who were seen as obstacles to corruption and the capture of the state”.

According to Hofmeyr, these included former Hawks heads Anwa Dramat and Shadrack Sibiya; current Independent Police Investigative Directorate (Ipid) head Robert McBride and former NPA prosecutor Glynnis Breytenbach.

The commission’s chair asked for Jiba’s response to what he called a “damaging statement”.

“The statement is very damaging because once a person says ‘wrongful prosecution’ of someone it exposes you to a lawsuit,” Jiba said.

“I don’t believe there is anything wrongful in the authorisation of the prosecution,” she continued, referring to Booysen.

“I had nothing to do with the decisions which were made by prosecutors to prosecute the other persons mentioned in this paragraph,” she added.

WATCH LIVE: There was nothing unlawful about my decision to charge Booysen – Jiba

The chair then asked if it was factually correct that Booysen’s prosecution could be looked at as the prosecution of someone who is seen as an obstacle to corruption and the capture of the state.

“I wouldn’t like to speculate really, all I can say is that on the basis of the evidence I had before me I thought it was justifiable that I must institute an authorisation,” Jiba said.

The chair said that, according to Hofmeyr, Booysen had exposed corruption. He said Hofmeyr alleges that the charges laid against Booyson were an attempt to remove him from office and install someone more “pliable”.

“I had no such intentions,” Jiba said.

Jiba has been tried for fraud and perjury related to charges that were instituted by the National Prosecuting Authority against Booysen, which she authorised.

The Mokgoro inquiry – which focuses not only on Jiba but also on suspended special director of public prosecutions Lawrence Mrwebi – is looking into alleged anomalies raised regarding several court cases, including the decision to withdraw charges against former head of Crime Intelligence Richard Mdluli.

Adverse findings were made by the courts against Mrwebi and Jiba, and the latter has taken the matter to the Constitutional Court.

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