NPA boss used phone records illegally

NPA head Nomgcobo Jiba allegedly used an intercepted cellphone conversation in a labour dispute.

NPA head Nomgcobo Jiba allegedly used an intercepted cellphone conversation in her Labour Court bid.

JOHANNESBURG - Eyewitness News understands that National Prosecuting Authority (NPA) head Nomgcobo Jiba illegally used an intercepted cellphone conversation in her 2009 Labour Court application.

It was further established that the page from prosecutor Gerrie Nel's diary submitted in her papers was part of evidence seized at the advocate's house on the day he was arrested in 2008.

Charges against Nel, which included fraud, defeating the ends of justice and perjury, were all withdrawn.

The prosecutor led the prosecution against disgraced former National Police Commissioner Jackie.

On Monday, Eyewitness News reported how NPA management has ignored detailed allegations of theft against its head of integrity Prince Mokotedi.

Mokotedi allegedly stole confidential personnel files in 2007 and gave them to Selebi's legal team.

The former top cop used the documents in his failed bid to stop his corruption investigation and prosecution.

A senior prosecuting authority official told Eyewitness News that disclosure of information obtained in any phone call interception in a labour-related matter was unlawful.

A transcript of the conversation between former Scorpions head Leonard McCarthy and a colleague was submitted as part of an affidavit by former crime intelligence head Richard Mdluli, who was the Gauteng Deputy Police Commissioner at the time.

Jiba used that transcript in an attempt to prove there was a conspiracy against her.

Also in her court submission is a page from Nel's diary, which was seized by Mdluli's team on the day the advocate was arrested.

Jiba, through the NPA, declined to provide a legal explanation for using the interception or the evidence seized in a criminal matter.