Johannesburg - The General Council of the Bar (GCB) is to bring a High Court application to bar three senior NPA officials from practice or to strike them from the advocates' roll
The officials were deputy National Prosecuting Authority head Nomgcobo Jiba, special director of the specialised commercial crimes unit Sthembiso Lawrence Mrwebi, and North Gauteng director of public prosecutions Sibongile Mzinyathi, GCB chairman Jeremy Muller said in a statement on Monday.
This followed a request from the office of the national director of public prosecutions (NDPP) that the GCB bring the applications against Jiba, Mrwebi, and Mzinyathi.
The applications would be brought in terms of section seven of the Admission of Advocates Act.
The request was considered at a meeting of the GCB's executive committee on Saturday.
“The GCB resolved to make such an application in respect of all three members of the NDPP. Applications will be launched before the relevant high courts as soon as they have been prepared,” Muller said.
“The request by the NDPP arises from the conduct of all three members of the NDPP as deponents to affidavits in several recent High Court applications.”
Sharp criticism had been levelled at the three officials in judgments by the High Court and the Supreme Court of Appeal.
The judgments were:
* Freedom Under Law v National Director of Public Prosecutions 2014 (1) SA 254 (GNP)
* NDPP v Freedom Under Law 2014 (4) SA 298 (SCA)
* Booysen v Acting National Director of Public Prosecutions & Others (2014) 2 All SA 391 (KZD)
* Zuma v Democratic Alliance (Case No. 836/2013) (2014) ZASCA 101
Muller said at the time of the relevant judgments Jiba held the post of acting National Director of Public Prosecutions, while Mrwebi and Mzinyathi were in the same positions.
“None of the individuals concerned is a member of any of the constituent Bars of the GCB,” he said.
“The GCB nevertheless considers that the judicial criticism of these three admitted advocates obliges it to accede to the request of the NDPP.”
He said the High Court enjoyed exclusive jurisdiction to determine whether an advocate should be suspended from practice or struck from the roll of advocates.
“All admitted advocates are officers of the Court. The High Court has a duty to enquire into the conduct of all advocates who are entitled to practise before it when relevant facts are brought to its notice,” Muller said.
“The High Court, however, has no machinery to conduct investigations which may be necessary for this purpose.”
Accordingly, it is reliant on others to draw the relevant facts to its attention.
Section 7(2) of the Act provided that the GCB was an entity which could make an application to the High Court for the striking off or suspension from practice of any advocate.
In considering an application, the court had a discretion to be judicially exercised in light of all relevant facts and circumstances concerning the conduct of the advocates concerned.
“The three individuals concerned will, in due course, be served with a copy of the application concerning him or her,” Muller said.
They would be afforded an opportunity of putting such facts before the court as they consider pertinent.
“The matters will be enrolled for hearing once the requisite affidavits by all parties have been delivered,” he said.
Mrwebi, Jiba and Mzinyathi were involved in the withdrawal of charges of fraud, money laundering, and corruption that Lt-Gen Richard Mdluli had faced when head of the police's crime intelligence division.
The High Court in Pretoria set aside their decision and the appeal court confirmed the decision.
Sapa