NPA bosses' heads roll in high court

Nomgcobo Jiba Picture: Thobile Mathonsi

Nomgcobo Jiba Picture: Thobile Mathonsi

Published Sep 15, 2016

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TWO TOP executives of the National Prosecuting Authority have been struck off the roll of advocates, as one of the cases involving the alleged manipulation of the law enforcement agencies appeared to unravel.

The high court in Pretoria put the brakes on the careers of deputy national director of public prosecutions (NDPP) Nomgcobo Jiba and the NPA’s Commercial Crime Unit head, Lawrence Mrwebi, when it found they were “not fit and proper” to hold office.

These were in the litigation between the NPA and Freedom Under Law regarding the decision to drop corruption charges against former crime intelligence head Richard Mdluli, the President Jacob Zuma “spy tapes” – brought by the DA – and their handling of the matter of KwaZulu-Natal Hawks boss Major-General Johan Booysen, who faced charges of racketeering.

The court found that Mrwebi’s decision to withdraw charges against Mdluli was illegal, irrational and based on irrelevant considerations and material errors in the law.

It was found that Jiba had misled the court regarding Mdluli. The court also found that Jiba had been unrepentant and dishonest and that Mrwebi was a liar and someone who seemed to have forgotten about the oath he took when he was admitted as an advocate.

Their troubles started when the NPA laid a complaint of misconduct with the Pretoria Bar Council against them after both the Supreme Court of Appeal (SCA) and the high court made adverse comments on them in separate judgments.

The General Council of the Bar (GCB) of South Africa lodged the application last year following scathing comments made in rulings against Jiba and Mrwebi by the SCA and the high court in Pretoria.

The GCB also asked for the axing of North Gauteng Director of Public Prosecutions Sibongile Mzinyathi.

The bar accused the three of not being “fit and proper to continue practising as advocates”, and of unethical and sloppy conduct.

GCB chairman advocate Jeremy Muller had argued that the three had flouted the law governing the conduct of admitted advocates.

The Pretoria Bar Council escalated the matter to the GCB, saying “this is a serious national matter”.

In a separate matter, a complaint of perjury was lodged against Jiba after the court found that she had lied about applying her mind to four statements before deciding to prosecute Booysen. He faced charges of racketeering, but they were withdrawn. While the judges only had praise for Mzinyathi for “standing firm against Mrwebi’s withdrawal of the charges against Mdluli”, they were scathing of Jiba and Mrwebi.

Judge ​Francis ​Legodi, in a lengthy judgment yesterday, concurred with Judge Wendy Hughes and ordered that the pair be struck from the roll of advocates.

The two judges were adamant that neither Jiba nor Mrwebi were fit to practise any longer as advocates.

It was understood that the pair were considering challenging the judgment on appeal.

Judge Johan Kriegler of Freedom Under Law said he hope prosecutions boss Shaun Abrahams would now act against Jiba and give her the boot. Abrahams’ office said he had noted the judgment and would reflect on it as to the way forward. Justice Minister Michael Masutha declined to comment.

Mrwebi said: “I never expected it. I thought the judges would see the objective facts.” He was adamant that the withdrawal of charges against Mdluli was correct.

Mrwebi said he would apply for leave to appeal. He said the NPA was meant to institute disciplinary hearings against them. “We have not been found guilty of anything except the comments of the judges.”

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