Nxasana: Public perception of Jiba is disturbing

He’s responded to questions related to the summons served on Nomgcobo Jiba this week.

FILE: Mxolisi Nxasana. Picture: Sebabatso Mosamo/EWN

JOHANNESBURG - National Director of Public Prosecutions Mxolisi Nxasana on Friday said there was a disturbing perception being created that his deputy Nomgcobo Jiba was being protected from prosecution at all costs.

He's responded to questions related to the summons served on Jiba this week.

The police are adamant their investigator had no part in the matter, a claim the National Prosecuting Authority (NPA) is denying, insisting that prosecutors worked closely with detectives.

Nxasana said the intervention of National Commissioner Riah Phiyega in the Jiba matter was worrying.

"A perception is created and it's unavoidable that she is being protected at all costs."

He has questioned Phiyega's conduct.

"I asked her and I'm asking the same question. Does she really do this to all other matters, where other ordinary suspects are involved? That is my concern."

Nxasana challenged anyone who claimed the NPA has acted unlawfully to take the matter to court.

"Everything that happened was procedural and any suggestion that the NPA has a particular agenda in this matter is far from the truth and in fact it's ludicrous."

He said the summons issued on Jiba was legally binding.

"The only way to withdraw it is to make an application to court and make all these allegations."

Nxasana said the only person who could challenge the summons in court was Jiba herself.

The police's Solomon Makgale said Phiyega only contacted Nxasana to raise concern over the handling of the case.

"We've seen how time after time this happens whenever there is no agreement between the SAPS and the NPA, and then cases get thrown out of court. The case of Senzo Meyiwa is one in point, where we said we were not ready."

Nxasana says he can't understand the police's claim that its investigating officer was not consulted before a summons was issued to his deputy because he's been part of the process since inception.

Nxasana was speaking in Pretoria today to address confusion in the case against Jiba.

The police claimed that the investigating officer in the matter was not consulted and that officers were in fact not looking for Jiba.

Eyewitness News on Thursday revealed that Colonel Boats Botha had been relieved of the Jiba docket after the summons was served.

Nxasana said prosecutors had from the start of the investigation been dealing with Botha.

He added that at one point, prosecutors contacted the police when it was thought that Botha had been pulled from the case and replaced with another detective.

"She was assured by the office of the general that Colonel Botha is still part of the team and only that general Tauiye is supervising the team."

Nxasana has strongly defended the NPA, saying the summons was issued in terms of the law.