Adv. Gerrie Nel, Head of AfriForum\u2019s private prosecuting unit, today announced that AfriForum has instituted legal action to privately prosecute Adv. Nomgcobo Jiba, former acting Director and current Deputy Director of the National Prosecuting Authority (NPA), on charges of fraud and perjury.<\/p>\n
Nel and AfriForum act in the case against Jiba on behalf of Gen. Maj. Johan Booysen, the former Head of the Hawks in KwaZulu-Natal. AfriForum argues that Jiba committed fraud and perjury during the process of charging Booysen with racketeering. AfriForum and Booysen argue that there exists an irresistible inference that Booysen was targeted unlawfully by Jiba after Booysen had started investigating the business operations of Thoshan Panday, a KwaZulu-Natal businessman with close ties to the Zuma family.<\/p>\n
Booysen took Jiba\u2019s decision on review and Judge Trevor Gorven set the charges of racketeering aside in the KwaZulu-Natal High Court in Durban in February 2014. Gorven ruled that no rational explanation \u2013 not even loosely defined \u2013 existed to support Jiba\u2019s decision.<\/p>\n
Adv. Mxolisi Nxasana, who at the time replaced Jiba as the National Director of Public Prosecutions, launched an investigation into Jiba\u2019s actions against Booysen in light of Gorven\u2019s ruling. Jiba was subsequently charged with perjury and fraud, after which she appeared in the Regional Court in Pretoria in July 2015. Adv. Shaun Abrahams, who replaced Adv. Nxasana as the National Director of Public Prosecutions, decided \u2013 despite the opinion of the two prosecutors assigned to the matter \u00a0that a strong case existed against Jiba \u2013 to withdraw the case against her.<\/p>\n
Nel says his office decided to assist Booysen in his application for a nolle prosequi<\/em> certificate that will allow AfriForum to privately prosecute Jiba on behalf of Booysen.<\/p>\n Nel explains that, should the NPA issue a nolle prosequi<\/em> certificate, AfriForum is obliged in terms of legislation to start the private prosecuting process within 90 days. \u201cThe prosecution will then proceed just like any other criminal case before a judge in a court, except that as prosecutor I will not be in the service of the NPA,\u201d Nel says.<\/p>\n Kallie Kriel, CEO of AfriForum, says it is in the interest of the principle of equality before the law that Jiba should be prosecuted. \u201cJust because Jiba finds herself in President Zuma\u2019s inner circle doesn\u2019t mean that she is above the law. AfriForum will help ensure that justice prevails through private prosecution \u2013 including the President and his inner circle.\u201d<\/p>\n Jiba is also mentioned in Jacques Pauw\u2019s new book The President’s Keepers<\/em> as one of the \u201ckeepers \u201d who find themselves in President Zuma\u2019s inner circle.<\/p>\n","protected":false},"excerpt":{"rendered":" Adv. Gerrie Nel, Head of AfriForum\u2019s private prosecuting unit, today announced that AfriForum has instituted legal action to privately prosecute Adv. Nomgcobo Jiba, former acting Director and current Deputy Director of the National Prosecuting Authority (NPA), on charges of fraud and perjury. Nel and AfriForum act in the case against Jiba on behalf of Gen….<\/p>\n","protected":false},"author":9,"featured_media":1364,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_seopress_robots_primary_cat":"","_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_kad_blocks_custom_css":"","_kad_blocks_head_custom_js":"","_kad_blocks_body_custom_js":"","_kad_blocks_footer_custom_js":"","_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"_kad_post_classname":"","footnotes":""},"categories":[55],"tags":[58],"class_list":["post-1363","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-private-prosecutions","tag-corruptionkorrupsienomgcobo-jibaprivate-prosecution"],"taxonomy_info":{"category":[{"value":55,"label":"Private Prosecutions"}],"post_tag":[{"value":58,"label":"Corruption|Korrupsie|Nomgcobo Jiba|Private Prosecution"}]},"featured_image_src_large":["https:\/\/stopkorrupsie.co.za\/wp-content\/uploads\/2022\/05\/IMG-7984-1024x683.jpg",1024,683,true],"author_info":{"display_name":"afriforum","author_link":"https:\/\/stopkorrupsie.co.za\/en\/author\/afriforum\/"},"comment_info":0,"category_info":[{"term_id":55,"name":"Private Prosecutions","slug":"private-prosecutions","term_group":0,"term_taxonomy_id":55,"taxonomy":"category","description":"","parent":0,"count":52,"filter":"raw","term_order":"0","cat_ID":55,"category_count":52,"category_description":"","cat_name":"Private Prosecutions","category_nicename":"private-prosecutions","category_parent":0}],"tag_info":[{"term_id":58,"name":"Corruption|Korrupsie|Nomgcobo Jiba|Private Prosecution","slug":"corruptionkorrupsienomgcobo-jibaprivate-prosecution","term_group":0,"term_taxonomy_id":58,"taxonomy":"post_tag","description":"","parent":0,"count":1,"filter":"raw","term_order":"0"}],"fimg_url":"https:\/\/stopkorrupsie.co.za\/wp-content\/uploads\/2022\/05\/IMG-7984.jpg","_links":{"self":[{"href":"https:\/\/stopkorrupsie.co.za\/en\/wp-json\/wp\/v2\/posts\/1363","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/stopkorrupsie.co.za\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/stopkorrupsie.co.za\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/stopkorrupsie.co.za\/en\/wp-json\/wp\/v2\/users\/9"}],"replies":[{"embeddable":true,"href":"https:\/\/stopkorrupsie.co.za\/en\/wp-json\/wp\/v2\/comments?post=1363"}],"version-history":[{"count":0,"href":"https:\/\/stopkorrupsie.co.za\/en\/wp-json\/wp\/v2\/posts\/1363\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/stopkorrupsie.co.za\/en\/wp-json\/wp\/v2\/media\/1364"}],"wp:attachment":[{"href":"https:\/\/stopkorrupsie.co.za\/en\/wp-json\/wp\/v2\/media?parent=1363"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/stopkorrupsie.co.za\/en\/wp-json\/wp\/v2\/categories?post=1363"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/stopkorrupsie.co.za\/en\/wp-json\/wp\/v2\/tags?post=1363"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}