Johannesburg - Former acting National Director of Public Prosecutions Nomgcobo Jiba is gearing up for another lengthy legal battle to challenge her dismissal from the National Prosecuting Authority by President Cyril Ramaphosa.
Jiba’s move follows the Constitutional Court’s decision to decline hearing the General Council of the Bar’s (GCB’s) application for leave to appeal a Supreme Court of Appeal (SCA) judgment which overturned an earlier North Gauteng High Court ruling to strike her off the roll of advocates with former special director of public prosecutions Lawrence Mrwebi.
In a unanimous judgment delivered on Thursday, Justice Chris Jafta dismissed the GCB’s application for leave to appeal against the merits of the case.
“I conclude that the GCB has not established that the matter falls within the jurisdiction of this court. This means that the appeal cannot be entertained,” Justice Jafta said.
He said the majority in the SCA judgment found that no misconduct was established against in the first place and that the issue of dishonesty did not arise at all while with respect to Mrwebi, although the majority found that misconduct was proved it held that he was not dishonest.