27 June 2019

South Africa: Judgment Day for Jiba, Mrwebi Matter in ConCourt

Judgment is expected to be handed down in the Constitutional Court in an application aimed at having axed deputy prosecutions boss Nomgcobo Jiba and her colleague, Lawrence Mrwebi, struck from the roll of advocates.

Brought by the General Council of the Bar of South Africa (GCB), it initially succeeded in its application before the Gauteng High Court in Pretoria, but lost when the axed advocates took the matter to the Supreme Court of Appeal (SCA). Now the GCB wants to take the matter further, but needs the go-ahead from the Constitutional Court.

Jiba was acting National Director of Public Prosecutions between December 28, 2011, and August 30, 2013.

Jiba and Mrwebi were struck from the roll of advocates on September 15, 2016, after Judge Francis Legodi agreed with the GCB that they were "not fit and proper" to be advocates.

The case went to the SCA in Bloemfontein and, in July last year, it overturned the High Court's ruling.

The judgment was split among five judges - three ruled in favour of Jiba and Mrwebi - while the others disagreed and gave a dissenting judgment.

The two advocates were sacked by President Cyril Ramaphosa following recommendations made in a report by retired Constitutional Court justice Yvonne Mokgoro.

The report, handed to the president on March 31, follows an inquiry into Jiba and Mrwebi's fitness to hold office after their respective suspensions in October 2018.


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