So Many Questions on Jiba, Abrahams and the NPA

18 September 2016 - 02:00 By Chris Barron

The deputy head of the National Prosecuting Authority, Nomgcobo Jiba, has been struck off the roll of advocates by the High Court in Pretoria for shielding crime intelligence boss Richard Mdluli from prosecution. Chris Barron asked DA spokeswoman on justice and former NPA prosecutor Glynnis Breytenbach . . .Why has Jiba been so determined to protect Mdluli?There are a lot of reasons, both official and unofficial, but she's protecting Richard Mdluli because the president wants her to.What has Mdluli got on him?Mdluli was the head of crime intelligence for years. He spent his time collecting dirt on everybody. Everybody in the ANC is terrified of Richard Mdluli.Zuma's already got more than 700 charges against him. Is there much more out there?There's a huge amount still out there.How much more damaging could it be than the charges that have already been brought against him?Well, he's managed to avoid those quite successfully for the last 10 years or so, thanks to people like Richard Mdluli and Jiba.But you think Mdluli still has even more on him?You'd need to ask Mdluli, but there's a lot more, yes.How badly has the battle around Mdluli affected the crime intelligence unit?The crime intelligence unit doesn't function as crime intelligence any more. It functions as a private army to gather intelligence to keep Mdluli in the position he's in.How long is he likely to remain untouchable without Jiba there to protect him?Eventually the whole façade will come tumbling down, but it will take time.How damaging has all this been for the country?Have you seen the crime stats?Commercial crime as well?Any kind of crime. There is no intelligence-gathering capacity.With devastating consequences?In a whole range of ways. Every country needs a functioning crime intelligence system. Organised crime, particularly, banks on the fact that they can outwit crime intelligence. In South Africa they don't have to bother because crime intelligence functions for a whole different reason in South Africa. It certainly isn't to detect crime. The law has never bothered president Jacob Zuma before, so I don't expect it to start bothering him now How badly has the turmoil in the NPA depleted its capacity to prosecute commercial crime?The entire criminal justice system has been very badly depleted.Can we expect things to normalise with Jiba out of the way?I think that would be a bit optimistic. But it would certainly give prosecutors a lot more confidence to start doing the right thing. It will take years to normalise the criminal justice system, but it's a very big step in the right direction.Why so long?Because all the experience that there was has gone. You're not going to regain that in a day when Jiba leaves. It takes 10 or 12 or 15 years to make a confident prosecutor. It's not something you learn overnight.Might the ruling against Jiba turn out to be a false dawn? It's not the first time the courts have ruled against her, is it?She's been struck off the roll now, so she doesn't meet the requirements for the job any more.But she's appealing?Good luck with that.How much longer can she survive?If the president does his job for once in his life, he will remove her and Lawrence Mrwebi [the head of the NPA's commercial crimes unit] immediately.They no longer meet the requirements for the job. It doesn't matter whether they appeal or don't appeal. Everybody knows they should go and they should go right now.Is the president obliged by law to fire them?They do not meet the statutory requirements for the job. So they legally cannot hold on to the job.What can be done to force the president to fire them?Let's wait and see what he does. If he doesn't do anything then we'll have to explore those avenues.How long should he be given?A reasonable time. Whatever that is I can't say right now.But, importantly, he no longer has any choice under the law?The law has never bothered him before, so I don't expect it to start bothering him now. But legally speaking, no, he doesn't.Do you see this going to the Constitutional Court?No.Will it if he doesn't fire Jiba?It may, but we'll have to deal with that if and when it happens.Are you hopeful he will do the right thing?Not of his own accord. But I hope enough people put sufficient pressure on him to make him do what has to be done.Is NPA boss Shaun Abrahams fit and proper for the job?He hasn't been found unfit, so technically speaking he is. But he has certainly shown he has no courage. We'll have to see. He's going to be a bit like a horse without a rider now.Will Jiba's removal clear the way for normalisation of the NPA or is she just the tip of the iceberg?She's the tip of the iceberg, but it's a hell of a big step in the right direction.Are there many other senior officials at the NPA who are deeply compromised?Yes...

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