Johannesburg - Suspended deputy national director of public prosecutions (NDPP) Nomgcobo Jiba and head of the specialised commercial crimes unit Lawrence Mrwebi are both liars who should not be prosecutors.
Constitutional Court documents seen by Independent Media show that the General Council of the Bar (GCB) wants Jiba and Mrwebi disbarred.
Director of public prosecutions (North Gauteng) Sibongile Mzinyathi has escaped the wrath of the GCB but he opposes the bid to have him declared a “paper lawyer”.
“We submit that the findings of dishonesty are well-founded, and provide an ample basis justifying and in fact requiring the removal of Jiba and Mrwebi from the roll,” read the heads of argument filed on behalf of the GCB.
In the GCB’s heads of argument, the bar states that Jiba and Mrwebi were wrong to abandon the prosecution of former national police crime intelligence head Richard Mdluli.
In November, Jiba scored a major victory at the Supreme Court of Appeal (SCA). In the majority judgment, Acting SCA Deputy President Jerry Shongwe found of Jiba: “Perhaps one may infer some form of incompetence with regard to her duties, which may be ground to remove her from being the deputy NDPP. It is not sufficient enough to be removed from the roll of advocates”.
Jiba’s attorney Zola Majavu told Independent Media his client was ready for any possible move by President Cyril Ramaphosa.
“It’s for the president,” he said.
“If the president says it must happen then it will happen.
“If the president orders that such an inquiry should happen we will oblige.
“We’ll go to the inquiry and do what we have to do.
“It’s not for us to express a view on that.”
Asked if the ruling emboldened Jiba, Majavu said: “Yes, look our client never doubted herself. We never doubted that she was being wrongly accused. So, we’re happy and feel vindicated”.
He said he had spoken to Jiba and she was very excited about the SCA judgment.
“She’s very happy with the outcome because it has confirmed that she did absolutely nothing wrong.”
In September 2016, North Gauteng High Court judges Francis Legodi and Wendy Hughes found that Jiba and Mrwebi should lose their right to practise as advocates, and their top jobs at the National Prosecuting Authority, for the role they played in the withdrawal of corruption and fraud charges against Mdluli and be removed from the roll.
Jiba, Mrwebi and Mzinyathi have until Monday to respond to the GCB’s heads of argument.