SAPS
dissembling over Jiba summons - Glynnis Breytenbach
Glynnis
Breytenbach
26
March 2015
DA
MP says police statement on matter is incorrect in its entirety and calculated
soley to deceive the public
SAPS misleading on Jiba summons
26 March 2015
The statement issued yesterday afternoon by the South African Police
Service (SAPS) in the matter regarding the issuance of a summons for National
Prosecuting Authority (NPA) second-in-command, Nomgcobo Jiba, is clearly
incorrect and the SAPS spokesperson is clearly poorly informed.
In the statement the SAPS denies that a summons was issued for Ms Jiba,
who is by all accounts AWOL. They further deny that a decision has been taken
whether or not to prosecute in the matter, and state that the investigation is
not yet completed.
The facts are that:
A summons has been issued by the NPA (since this is NOT a SAPS function)
in the normal course of events;
The summons was in fact issued by the clerk of the court of the
Specialised Commercial Crime Court in Pretoria as is normal practice;
This summons was issued with the full knowledge and co-operation of the
investigating officer in the case; and
The investigating officer caused the summons to be served by an officer
in his unit upon the Head Office of the NPA.
The reason for this service being that Ms Jiba could not be found due to
her being absent from work without leave and was also not at her place of
residence. It is therefore untrue, and unfortunately, misleading for the SAPS
to state that the NPA "jumped the gun" when issuing summons against
Jiba. It is equally untrue and misleading to state that no summons has been
issued.
The designated prosecution team, so designated by the National Director
of Public Prosecutions (NDPP), Mxolisi Nxasana, in this particular matter is
stationed at the Specialised Commercial Crime Unit in Pretoria. It is therefore
misleading for the SAPS to state that the docket will be placed before the
relevant DPP for decision if and when the SAPS are "ready". The
docket can only be placed before the designated prosecutors, and NOT the DPP.
The statement issued by the SAPS is therefore incorrect in its entirety
and calculated soley to deceive the public. There can be but one explanation
for this - that the National Police Commissioner, Riah Phiyega, has every
intention of attempting to bring political influence to bear on the NPA or
other authorities to try and protect Ms Jiba.
The transparency of this clumsy approach would be quite laughable if it
was not so serious, and if it did not represent yet another attack on the Rule
of Law and the separation of powers, principles which clearly elude the
Commissioner.
The suggestion that I have even the remotest "vested interest"
in any prosecution or not of Jiba is equally without basis. My view that Jiba
should be prosecuted for her very questionable actions is based upon judgements
of the High Courts and the Supreme Court of Appeal, and has nothing do with any
personal opinion I may have of her.
Such a suggestion by the Commissioner is factually bereft of any truth
and is a rather desperate attempt to obfuscate the issues. In future, perhaps
the good Commissioner should ensure that she is adequately informed prior to
making reckless statements.
A statement was issued by the NPA spokesperson yesterday in which each
incorrect allegation by the SAPS was challenged, corrected and put into the
proper perspective.
It is clear that the political rot in the NPA and more particularly the
SAPS is getting worse, and that individuals within the ranks of both
organisations will go to any lengths in order to provide political protection
for those who have been deployed by the President.
Statement issued by Glynnis Breytenbach MP,
DA Shadow Minister of Justice, March 26 2015
