Dept won't discuss Jiba's conduct

The Justice Department and NPA will not elaborate on the controversy surrounding Nomgcobo Jiba.

Deputy Director of Public Prosecutions Nomgcobo Jiba. Picture: whoswho.co.za.

PRETORIA - The Department of Justice on Tuesday used confidentiality to avoid explaining the conduct of National Prosecuting Authority (NPA) acting head Nomgcobo Jiba.

Eyewitness News understands Jiba unlawfully included the transcript of an intercepted phone call in her Labour Court bid to overturn her suspension back in 2009.

Jiba was suspended on several counts including dishonesty, misconduct, defeating the ends of justice, unprofessional conduct; and bringing the NPA into disrepute.

She was suspended on several counts including dishonesty, misconduct, defeating the ends of justice, unprofessional conduct and bringing the NPA into disrepute.

The court dismissed her application, but she was reinstated after reaching an out-of-court settlement.

Jiba was suspended in 2007 for allegedly assisting police in investigating senior prosecutor Gerrie Nel.

Justice department spokesperson Phumla Sekhonyane said a confidentiality clause in the settlement with Jiba made it inappropriate for the department to comment on the matter.

Eyewitness News never questioned the merits of the case or details of the settlement, but asked for a legal explanation supporting the use of documents in her application, which is public.

A senior NPA official said Jiba's use of the transcript in her court papers was unlawful.

This legal opinion raised serious criminal and ethical questions about Jiba's conduct, and at best, doubts about her ability to make prudent legal decisions.