Durban - The National Prosecuting Authority’s decision to drop fraud and perjury charges against its deputy director of public Prosecutions Nomgcobo Jiba would have no impact on the application to have her struck from the roll of advocates.
On Tuesday Bar Council chairman, Advocate Jeremy Muller SC, said: “The fact that there were or are a variety of other processes in play at the time was as far as the GCB (General Council of the Bar) is concerned is entirely extraneous. The fact that the charges were at the time preferred or that they may have now been withdrawn will not affect the application.”
The former head of the NPA, Mxolisi Nxasana brought the application against Jiba as well as Lawrence Mwrebi, the head of the NPA’s specialised commercial crimes unit, and North Gauteng director of public prosecutions Sibongile Mzinyathi.
However, on Tuesday the current National Director of Public Prosecutions Shaun Abrahams, who took office in June, announced that perjury and fraud charges against Jiba would be withdrawn on Wednesday.
Jiba was set to go on trial on Wednesday on charges which related to her decision to prosecute Johan Booysen, the head of the Hawks in KwaZulu-Natal, on racketeering charges.
In February last year, Durban High Court Judge Trevor Gorven threw out the charges against Booysen, who was suspended at the time. The judge went on to describe Jiba’s decision to charge Booysen as “arbitrary, [and] offend the principle of legality and, therefore, the rule of law and were unconstitutional”.
In his judgement, Gorven agreed with Booysen’s assertion that had Jiba lied about having certain statements before her when she decided to prosecute, and could therefore not have used them to make her decision.
Booysen had been accused of running a criminal enterprise consisting of members of the former Cato Manor Organised Crime Unit that he headed up.
The application that was launched following a request by the NPA (Nxasana). Muller said the GCB considered the request and then launched the application.
“We did so because we considered the criticisms that had been levelled against them by various judges in judgements in the high court and the SCA (Supreme Court of Appeal).”
He said that all advocates are admitted to the Bar by the High Court and it is also the High Court that can strike an advocate from the roll.
He said that even if the NPA decided to withdraw its request, it would have no impact on the application.
Should the High Court rule against Jiba, she can appeal against it.
Muller said that “the application is all done on affidavit. Ordinarily that is all that is before the court, is the paper. There are exceptions to that rule, but for the moment that’s the position in relation to this application as well.”
The application was made in terms of section 7 of the Admission of Advocates Act and if successful, it will see the three NPA staff effectively disqualified from continuing in their posts as by law the incumbents have to hold the right to appear in court as an advocate or attorney.
Muller said that GCB was expected to soon hand in its replying affidavit and a date for arguing the application in the Pretoria High Court should soon be set.
ANA