TWO suspended top NPA prosecutors, advocates Nomgcobo Jiba and Lawrence Mrwebi, will today ask the Constitutional Court to endorse the decision of the majority judges of the Supreme Court of Appeal (SCA), which found them fit to act as advocates.
In July last year, three judges of the SCA found that the High Court in Pretoria acted harshly against Mrwebi and Jiba in its decision to strike them off the roll of advocates. Two judges of the SCA differed sharply with the majority decision.
The minority judges agreed with the application of the General Council of the Bar (GCB) of South Africa in the High Court in Pretoria that the two were not fit to hold office in the NPA.
The court case came following an application of the GCB in which it argued that the two should be struck off the roll of advocates for the “illegal” withdrawal of criminal charges against former crime intelligence boss Richard Mdluli.
The GCB argued that Mrwebi withdrew the charges without consulting with the prosecutors and investigating team who dealt with the matter.
The GCB also argued that Jiba as the then acting national director of public prosecutions (NDPP) failed to review his decision. Other allegations against Jiba pertain to her decision to charge former KwaZulu-Natal Hawks boss General Johan Booysen with racketeering in August 2012.
The Concourt will hear arguments from all the parties on whether it should uphold the decision of the majority judges or reject it in favour of the minority findings.
The majority judges found that evidence led in the High Court in Pretoria by two prosecutors supported Jiba’s version that there had been insufficient evidence to prosecute Mdluli in December 2011.
BALDWIN NDABA email@example.com
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