Advocate Muzi Sikhakhane also submitted that the Mokgoro Inquiry into the fitness of Jiba and Lawrence Mrwebi to hold office was unlawful and in defiance of a court order.
Sikhakhane’s argument is based on Judge Billy Mothle’s “Freedom Under Law” judgment on December 2017 in the Gauteng High, setting aside the decision by Shaun Abrahams to discontinue the prosecution against Jiba, as was the decision by the president not to institute inquiries under Section 12 (6)(a) of the National Prosecuting Authority Act.
Jiba also wants the court to interdict or prohibit the president and the National Director of Public Prosecutions from filling her former position until the finalisation of the review.
“It is clear that the President was not bound by the high court decision and we are seeking an interdict declaring removal of my client as unfair and unlawful. The Mokgoro Inquiry and the decision taken by the President is also in defiance of a court order,” Sikhakhane said.