PRETORIA – Deputy prosecutions boss Nomgcobo Jiba said major general Johan Booysen‘s control over the Cato Manor serious and violent crime unit made him the manager of an enterprise which informed her decision to authorise racketeering charges against him.
Jiba made the submission during cross-examination at the Mokgoro Inquiry in Centurion on Monday.
The advocate authorised racketeering charges against Booysen in 2012, however, these were later reviewed and set aside.
Jiba accused the Cato Manor unit of murdering suspects in order to claim monetary rewards from police management which Booysen allegedly co-ordinated.
She said: “He cannot say he did not know, this was not just the first killing. The pattern of these police officials when they do enforce the law in terms of bringing the suspects before the courts are not what is expected from the South African Police Service.”
Jiba remains convinced there is a case against Booysen: “When the matter was presented, there is no way that they could have brought all of the dockets before me…”
MPSHE, JIBA DEAL
The Mokgoro inquiry has heard how former acting National Prosecuting Authority (NPA) boss Mokotedi Mpshe was instructed by the justice minister to lift Jiba’s suspension and allow her to return to work.
Jiba was suspended in 2007 for cooperating with Crime Intelligence in its case against Jackie Selebi‘s prosecutor Gerrie Nel.
The advocate was scheduled to face a disciplinary hearing, but in 2009, she submitted representations to then Justice Minister Jeff Radebe.
Jiba has testified that she entered into a confidential settlement with Mpshe which allowed her to return to work.
Evidence leader Advocate Nazreen Bawa confirmed the details with Jiba on Monday afternoon.
“Advocate Mpshe never initiated the settlement of this matter, he was summoned to a meeting by the minister of justice which was also attended by the minister of police and the divisional commissioner of Crime Intelligence. It was at that meeting the decision was taken that Advocate Mpshe must withdraw the disciplinary action and reinstate you, correct?”
To which Jiba responded with a yes.
FREEDOM UNDER LAW MATTER
Jiba says many things went wrong in the National Prosecuting Authority (NPA)’s handling of the Freedom Under Law (FUL) application to review the decision to withdraw the criminal case against Richard Mdluli.
The advocate has been criticised for her handling of the civil matter brought by the FUL because she allegedly disregarded legal advice.
The organisation succeeded in its application and had the decision to withdraw the case against the former head of Crime Intelligence reviewed and set aside.
Bawa read out some of the deficiencies identified in the FUL case as identified by Advocate Leon Halgryn, who’d been asked to advise the NPA.
Bawa asked to Jiba to explain who was to blame for the situation they had found themselves in: “There are a lot of things that happened that should not have happened in that case. There are many things that actually went wrong in terms of the process. So, I will not say that the blame lays squarely on me as a person.”
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