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Johannesburg - A senior detective in the investigation of Deputy National Director of Public Prosecutions Nomgcobo Jiba met secretly with NPA officials to take instructions from them, national police said on Wednesday.
Lieutenant General Solomon Makgale said the termination of the employment contract of Colonel Marthinus “Boats” Botha, which was due to end on June 30, followed possible misconduct by him in relation to the case.
"After obtaining information about the unauthorised and irregular involvement of Colonel Botha in the issuance summons against Advocate Nomgcobo Jiba... we requested him to provide a statement about his role," Makgale said.
"It was clear from the statement he provided that he secretly met with NPA officials to discuss the case and took instructions from them about issuance of the summons without informing the investigating officer and his commander, Major General Norman Taioe."
Makgale said the SA Police Service management was disappointed that Botha "conducted himself in an unprofessional manner".
"His conduct not only blatantly undermined his superiors, but it also has the potential of jeopardising investigation of the case. This act has irreparably damaged the relationship between Colonel Botha and SAPS," he said.
"Throughout these meetings, Colonel Botha was aware that Major General Taioe was the investigating officer in the case and his commander, but he chose to disregard General Taioe and kept him in the dark about his meetings with the NPA and the resultant outcome from these discussions that a summons be served against Advocate Jiba.
"During these clandestine meetings with the NPA, Colonel Botha was not in possession of the case docket."
National Prosecuting Authority spokesperson Velekhaya Mgobhozi told News24 he would comment on the matter on Thursday.
Jiba’s summons
In March, Jiba allegedly refused to accept a summons for her to appear in court on charges of fraud and perjury for the failed prosecution of KwaZulu-Natal Hawks boss Johan Booysen.
In February last year, KwaZulu-Natal High Court Judge Trevor Gorven set aside the charges against Booysen, saying they did not meet even minimum standards.
At the time that the summons was issued, police claimed the NPA jumped the gun because the investigation was not ready to proceed to trial.
She appeared in the Pretoria Commercial Crimes Court on April 21, where her advocate, Zola Majavu, reportedly told the court there were serious irregularities related to the summons and that Taioe, as the investigating officer, told him the investigation was not complete.
The prosecutor Jan Ferreirra reported claimed that Botha was the investigating officer.
The matter was postponed to June 10.
Makgale said on Wednesday that Botha added a lot value to the SAPS investigative capacity, especially during the trial of culpable homicide convicted Paralympian Oscar Pistorius, and in investigations into rhino poaching.
"It is, therefore, sad that he and the SAPS had to part ways in this manner. His last day in the office was on April 28 2015. Management of the SAPS would like to thank him for his contributions and wish him well in his future endeavours."
Netwerk24 reported on Wednesday that Botha refused to comment on questions about whether he was targeted because of his investigation into Jiba.
He said he was getting legal assistance on the matter.
According to three independent sources Botha had been targeted to “humiliate” him.
