NPA: No reasonable prospect of successfully prosecuting Jiba

The Criminal Procedure Act is clear, stating that the national director, shall, in cases where he declines to prosecute, issue a certificate confirming this in order to allow for a private prosecution.

FILE: Nomgcobo Jiba. Picture: EWN.

PRETORIA - The National Prosecuting Authority (NPA) has confirmed it believes there is no reasonable prospect of successfully prosecuting advocate Nomgcobo Jiba but it’s not clear if they will deliver a certificate confirming no intention to prosecute.

AfriForum and former KwaZulu-Natal Hawks head Johan Booysen announced on Thursday they would seek a private case against Jiba on charges of fraud, perjury and defeating the ends of justice.

The matter relates to Jiba unlawfully authorising racketeering charges against Booysen in the Cato Manor case.

The advocate was criminally charged but prosecutions boss ordered that the charges be withdrawn.

The NPA has referred to a finding in the case brought by the General Council of The Bar against Nomgcobo Jiba which found no evidence of her acting in bad faith or with an ulterior purpose in the Booysen matter.

This is the second ground the prosecuting authority has provided for not prosecuting Jiba.

The Criminal Procedure Act is clear, stating that the national director, shall, in cases where he declines to prosecute, issue a certificate confirming this in order to allow for a private prosecution.

The NPA says it will only consider AfriForum’s the request after pending civil litigation involving Jiba is finalised.