First on EWN: NPA boss gave Jiba a free pass despite having a solid case against her

EWN has learnt Shaun Abrahams went against recommendations when withdrawing charges against Jiba.

The National Director of Public Prosecutions of the National Prosecuting Authority (NPA) advocate Shaun Abrahams (left) and Deputy National Director of Public Prosecutions Nomgcobo Jiba (right) at the NPA's head office in Pretoria on 7 July 2015. Picture: EWN

JOHANNESBURG - Eyewitness News can reveal that National Prosecuting Authority (NPA) boss Shaun Abrahams went against the recommendation of prosecutors on the case against Nomgcobo Jiba when he authorised the withdrawal of criminal charges against her.

Shaun Abrahams's move to scrap the case is now the subject of a legal challenge by Freedom Under Law (FUL), which argues it was unlawful and irrational.

Jiba was facing fraud and perjury charges for allegedly unlawfully authorising racketeering charges against KwaZulu-Natal Hawks boss Johan Booysen.

EWN has seen the legal opinion from two prosecutors, who believed they had a solid case against the deputy prosecutions boss and that the matter should go to trial.

Prosecutors Jan Ferreira and Gerhard van Eeden argued in the legal opinion that the decision to charge Jiba was sound in law and in fact in line with legislation.

The pair maintained that Jiba committed perjury when she said under oath that she was in possession of affidavits implicating Booysen in crimes.

But that was not the case.

Abrahams appears to have disregarded their recommendation.

Instead, he accepted the legal opinion that, in terms of organised crime legislation, Jiba could not be held liable if she had acted in good faith.

FUL argues that the reliance on that section of law is irrational, particularly in light of the evidence against the accused.

The NPA has declined to comment, saying that because Abrahams is a respondent in the FUL matter, it would be irresponsible to do so.