Mokgoro asks parties to submit heads of argument in Jiba’s case

Advocate Nomgcobo Jiba was criminally charged for her authorisation of racketeering charges against former KZN boss Johan Booysen but Shaun Abrahams withdrew the case in 2015.

FILE: Suspended Deputy National Director of Public Prosecutions Nomgcobo Jiba. Picture: EWN

PRETORIA – Advocate Nomgcobo Jiba and the evidence leader at the inquiry into her fitness to hold office have been asked to file reasons why evidence from the prosecutor assigned to her fraud and perjury case could be prejudicial to her right to a fair trial.

Retired Constitutional Court Justice Yvonne Mokgoro made the ruling on Wednesday afternoon.

Jiba was criminally charged for her authorisation of racketeering charges against former KwaZulu-Natal Hawks boss Johan Booysen but Shaun Abrahams withdrew the case in 2015.

Last year, the High Court reviewed and set aside that decision which has been referred back to the acting national director for a decision on whether to re-enroll it.

In 2015, senior prosecutor Jan Ferreira submitted a memo to then prosecutions boss Abrahams explaining why the decision to prosecute Jiba was sound in law.

Ferreira was due to testify about that legal opinion on Wednesday but Jiba’s legal team objected.

Justice Mokgoro has asked the parties to submit heads of argument on Thursday morning.

The matter resumes on Thursday.