Notable quotes from the Jiba and Mrwebi judgment

16 September 2016 - 19:46 By Ernest Mabuza

North Gauteng High Court Judge Francis Legodi didn't mince his words on Thursday when he struck the names of senior prosecutors Nomgcobo Jiba and Lawrence Mrwebi off the roll of advocates. Legodi ruled in favour of the General Council of the Bar’s application that Jiba‚ the Deputy National Director of Public Prosecutions and Mrwebi‚ the head of the Specialised Commercial Crimes Unit‚ were not fit and proper to be members of the Bar.NPA's Jiba gets Zuma into yet another fixThe deputy head of the National Prosecuting Authority, Nomgcobo Jiba, struck from the roll of advocates by the Pretoria High Court yesterday, should be suspended immediately and an inquiry into her fitness to hold office instituted. The court decided to strike Jiba and Mrwebi off the roll because of their role in the dropping of criminal charges against suspended police crime intelligence head Richard Mdluli.Justice minister to consult NDPP following Jiba judgmentJustice Minister Michael Masutha said he had started the process of consulting National Director of Public Prosecutions Shaun Abrahams following the judgment which struck the names of two senior officials from the roll of advocates. Below are some excerpts from the judgment.“I cannot believe that two officers of the court who hold such high positions in the prosecuting authority will stoop so low for the protection and defence of one individual who had been implicated in serious offences.”“In fact‚ taking into account the kind of personality (referring to Mdluli) Mrwebi and Jiba had to deal with‚ they should have stood firm and vigorous on the ground by persisting to prosecute Mdluli on fraud and corruption charges.”“By their conduct‚ they did not only bring the prosecuting authority and the legal profession into disrepute‚ but have also brought the good office of the president of the Republic of South Africa into disrepute by failing to prosecute Mdluli who inappropriately suggested that he was capable of assisting the president of the country to win the party presidential election in Mangaung during 2011 should the charges be dropped against him."“It is this kind of behaviour that diminishes the image of our country and its institutions which are meant to be impartial‚ independent and transparent in the exercise of their legislative public powers.”“(North Gauteng Director of Public Prosecutions Sibongile) Mzinyathi‚ (former senior prosecutor Glynnis) Breytenbach and other prosecuting officials‚ who were involved in the investigation of charges against and prosecution of Mdluli‚ were like foot soldiers in a war-zoned area crying loud for the freedom and space to declare war and fight against serious crimes that are crippling our country and threatening investment.”“Jiba on the other hand‚ was ... required to lead by example. But instead‚ she flouted every rule in the fight against crime.”“Her failure to intervene when she was required to do so‚ has failed the citizens of this country and in the process‚ brought the image of the legal profession and prosecuting authority into disrepute.”“Both Mrwebi and Jiba should be found to have ceased to be fit and proper persons to remain on a roll of advocates.”..

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