Freedom Under Law’s challenge against dropping of charges against Jiba postponed indefinitely

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Freedom Under Law’s challenge against dropping of charges against Jiba postponed indefinitely

Ernest Mabuza | 2017-06-06 14:02:54.0

Perjury charges against deputy National Director of Public Prosecutions Nomgcobo Jiba has been postponed indefinitely. File photo

Image by: Antonio Muchave

The application by Freedom Under Law (FUL) to review and set aside the decision to discontinue fraud and perjury charges against deputy National Director of Public Prosecutions Nomgcobo Jiba has been postponed indefinitely.

When the matter was due to be heard in the high court in Pretoria on Tuesday morning‚ counsel for Freedom Under Law Max du Plessis presented the court with a 56-page “note” intended to assist the court.

Judge Gregory Wright said the “note” contained new legal arguments and it would be unfair to FUL if the matter proceeded without other parties having had time to read and respond to the new heads of argument.

FUL filed its original heads of argument at the end of January.

“These are comprehensive heads that need to be studied by counsel‚” the judge said.

Wright said there was no possibility that the hearing could proceed and be finalised in the two days allocated to it.

“I have no option but to postpone and allow the respondents to file their replying heads of argument‚” Wright said.

FUL is challenging the decision taken by National Director of Public Prosecutions Shaun Abrahams in August 2015 to discontinue the prosecution of Jiba on fraud and perjury charges.

The charges related to her decision to prosecute Johan Booysen‚ head of the Hawks in KwaZulu-Natal‚ on racketeering charges.

In September last year‚ Jiba and special director of public prosecutions Lawrence Mrwebi were struck off the roll of advocates.

Their striking off the roll related to their conduct in several cases. These include the decision to drop charges against suspended head of police crime intelligence Richard Mdluli and the Booysen matter.

FUL also wants the court to declare President Jacob Zuma’s failure to institute an inquiry into the conduct of Jiba and Mrwebi as unlawful and to direct the president to institute such an inquiry.

In February‚ Zuma decided not to suspend Jiba and Mrwebi‚ or to institute an inquiry into their conduct.

Zuma said having considered that the high court has granted Jiba and Mrwebi leave to appeal against an order striking them off the roll of advocates‚ he decided not to suspend them pending finalisation of the appeal process.

Jiba and Mrwebi are on special leave.



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