South Africa: Nomgcobo Jiba - Out of Work, Out of Money - and Almost Out of Runway


A decade later the chickens have come home to roost, as they always do.

On Friday 18 October 2019 Judge Robert Henney in the Western Cape High Court dismissed Part A of Jiba's bid to be reinstated as Deputy National Director of Public Prosecutions after being fired by President Cyril Ramaphosa in April 2019.

Apart from firing Jiba, Ramaphosa also "banned" her from "assuming any position in the Public Service" in response to the damning findings of the Mokgoro Commission of Inquiry into Jiba and former head of the Specialised Commercial Crimes Unit, Lawrence Mrwebi. Both were found unfit to hold office.

Henney ruled that Jiba's argument that she could not be removed from office before Parliament had made a decision about her fate was a flawed interpretation of section 12 (6) of the NPA Act.

Jiba had argued that the president needed to await the outcome of the parliamentary process before firing her and that his decision to do so had been "premature and unlawful".

"It is clear from the wording and the manner in which the entire section has been constructed, that it envisages two distinct and separate procedures when an NDPP or DNDPP is removed from office....

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