We confirm the request for a report by the Minister of Justice and Constitutional Development, in terms of section 179 (6) of the Constitution read with Section 33 of the National Prosecuting Authority (NPA), Act.
However, it should be noted that Acting National Deputy Director of Public Prosecutors (ANDPP) Adv Nomgcobo Jiba did on 30 August despatch a team of senior deputies from national office to follow the proceedings and understand the rationale behind the charges made against the accused persons. Following a briefing by the team, the ANDPP has since requested the DPP North West, Adv Johan Smit, to furnish her with a full report with regard to the charges.
The request from the Director of Public Prosecutors (DPP) will assist ANDPP to have a clearer understanding of all the facts that were before Adv Smit, to enable her to brief the Minister.
It is important to re-emphasise that in terms of the NPA Act, DPPs have full powers to exercise prosecutorial duties and take full responsibility for decisions that they make in their jurisdictions. The renewed calls for action to be taken against Adv Jiba are ill informed and mischievous, as the NDPP does not take primary decisions in the regional jurisdictions of the DPPs. Once the report has been received from the DPP, the ANDPP will be able to make a decision on the suitability of the charges, after taking all factors into consideration.
The calls for action to be taken against the acting NDPP are ill informed, as the NDPP does not take prosecutorial decisions in the provincial jurisdictions. It is only in specific circumstances as provided for in the NPA Act, that that NDPP may intervene in the prosecutorial decisions of DPPs.
The NDPP may request more information about a decision by a DPP, and this she has done in this matter.
ANDPP requests report from Adv Johan Smit, DPP North West
