Nel has lying Jiba in sights

Disgraced NPA deputy director Nomgcobo Jiba is firmly in the sights of private prosecutor Gerrie Nel.

Nel, backed by civil rights organisation AfriForum, said on Thursday that he intended to prosecute Jiba - known as an ally of President Jacob Zuma - for fraud, perjury and defeating the ends of justice.

Jiba was struck off the roll of advocates in September last year following the finding by the presiding officer in three court cases that she had committed perjury.

AfriForum has asked Jiba's boss, Shaun Abrahams, for a certificate authorising a private prosecution.

Abrahams has refused to prosecute Jiba, despite the NPA's own advisers providing him with an opinion stating that she should be prosecuted.

A source close to Abrahams said the NPA boss was furious and believed he was right not to prosecute Jiba.

"He sees this as undermining his authority," the source said.

The charges against Jiba, said AfriForum head Kallie Kriel, stemmed from her attempts to have former KwaZulu-Natal Hawks boss Major-General Johan Booysen prosecuted for racketeering as the alleged leader of a police "death squad".

But Booysen and AfriForum believe Jiba's charging of him stems from his pursuit of Thoshan Panday, a KwaZulu-Natal businessman perceived to be an ally of President Jacob Zuma.

"We don't believe it is going to be easy," Kriel said. "It will be a battle because of all the protection of key Zuma allies in our state institutions.

"Institutions like the NPA are captured. We are not saying that there are no good people in the NPA, but people like Abrahams show how they are captured."

He said AfriForum believed that Jiba had committed fraud, attempted to defeat the ends of justice and committed perjury by having Booysen charged with racketeering, attempting to stop the prosecution of Panday, and repeatedly lying in court.

"There exists the irresistible inference that Booysen was targeted unlawfully by Jiba after Booysen started investigating the business operations of Panday."

Kriel said when Mxolisi Nxasana was national director of public prosecutions, he launched an investigation into Jiba's actions against Booysen after a judge's ruling against her.

"Jiba was subsequently charged with fraud and perjury."

He said when Abrahams replaced Nxasana he declined to prosecute Jiba.

Judge Johan Kriegler, chairman of Freedom Under Law, said the state was constitutionally bound to pursue the matter in court.