DA loses in bid to have Jiba suspended

The Western Cape High Court on Monday dismissed an application by the Democratic Alliance (DA) asking the court to force President Jacob Zuma to suspend Deputy National Prosecuting Authority head‚ advocate Nomgcobo Jiba.

Advocate Nomgcobo Jiba ought to be the subject of a commission of inquiry and be suspended from her position as the deputy National Director of Public Prosecutions.

That was the reaction of DA shadow justice minister Advocate Glynnis Breytenbach to a ruling by the Western Cape High Court on Monday that dismissed an application by the DA which asked the court to force President Jacob Zuma to suspend Jiba.

• 'NPA is gunning for me because of DA's Jiba case'Tomorrow at 7am, DA MP Glynnis Breytenbach and her lawyer, Gerhard Wagenaar, will report to Kgosi Mampuru II Prison for her to be arrested.

Breytenbach said the DA would apply for leave to appeal the decision.

“Given the seriousness of the matters contained in this application the DA feels that it is important that these matters be ventilated further in a different court that might come to a different determination‚” she said.

Zola Majavu‚ Jiba's legal representative‚ said after the ruling that he felt "vindicated" by the court’s decision. "It comes as no surprise. We were always certain that it will go away‚" said Majavu.

"It is perfectly within their right to [appeal]. They must understand that they will win some and lose some. They cannot be cry babies about these things‚" he said.

The DA argued that Zuma’s failure to suspend Advocate Jiba was unlawful and tainted by ulterior motives and bias. The party has questioned why she retained power despite her “obvious flaws”.

“Adv Jiba managed to incur the criticism of twelve judges‚ on four benches‚ in three different matters during her short stint as Acting NDPP. She stands accused of lying to the court‚ failing to comply with court orders‚ ignoring deadlines‚ failing to exercise an independent mind‚ and shielding irrational and illegal actions from judicial scrutiny‚” said Breytenbach.

“The General Council of the Bar (GCB) is concurrently but in a separate application seeking her disbarment as an advocate which is likely to be heard in the near future.

“It was in light of these accusations that the NPA requested the Minister of Justice and Correctional Services‚ Mike Masutha‚ and the President to suspend Adv Jiba. An independent commission under former Constitutional Court Justice‚ Zak Yacoob‚ found that Adv Jiba had been “rightly criticized” by the courts and that her conduct had caused great public concern that the NPA would not carry out their functions free of fear or favour.

“Despite all of this‚ however‚ President Zuma failed to suspend her‚ ignoring the requests of the then sitting NDPP‚ Mxolisi Nxasana‚ and numerous stakeholders across civil society. Instead Adv Jiba was promoted and those who sought her suspension were purged from the NPA‚” said Breytenbach.

TMG Digital/Cape Town Bureau