National Prosecuting Authority officials Nomgcobo Jiba and Lawrence Mrwebi. Picture: Oupa Mokoena/African News Agency (ANA) Archives

Johannesburg - The Constitutional Court on Thursday dismissed an application by the General Council Bar to have former National Prosecuting Authority officials Nomgcobo Jiba and Lawrence Mrwebi struck off the roll of advocates.

The GCB had argued that the two should be struck off over the “illegal” withdrawal of criminal charges against former crime intelligence boss Richard Mdluli.

"This court holds that the assertion by the GCB that this matter raises an arguable point of law of general public importance has no substance," Justice Chris Jafta said in the ruling.

The GCB initially succeeded when it filed its application before the Gauteng High Court in Pretoria, but lost when Jiba and Mrwebi took the matter to the Supreme Court of Appeal (SCA). 

Last July, three judges of the SCA found that the High Court had acted harshly against Mrwebi and Jiba in its decision to strike them off the roll of advocates.

The GCB said Mrwebi withdrew the charges against Mdluli without consulting prosecutors and the investigating team which dealt with the matter.

It also said Jiba, as the then acting national director of public prosecutions, failed to review Mrwebi's decision. 

Other allegations against Jiba pertain to her decision to charge former KwaZulu-Natal Directorate for Priority Crime Investigation (Hawks) boss General Johan Booysen with racketeering in August 2012.

African News Agency/ANA