‘Chances of success in any appeal by Jiba and Mrwebi are very slim’: law expert

26 September 2016 - 13:43 By TMG Digital
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It is unlikely that Nomgcobo Jiba and Lawrence Mrwebi would be granted leave to appeal a court ruling that struck their names from the roll of advocates.

And “one would be hard-pressed to legally justify their continued employment by the” National Prosecuting Authority (NPA)‚ Centre for Constitutional Rights director Phephelaphi Dube wrote on Monday.

She noted that the North Gauteng High Court had “made damning findings against the two” NPA executives and expressed disbelief that they would “stoop so low for the protection and defence of one individual who had been implicated in the serious offences”.

That was a reference to Jiba’s decision to drop charges against former police crime intelligence head Richard Mdluli‚ while Mrwebi “sought to mislead the court in those particular proceedings”.

  • Jiba must be fired‚ says COPE"This is an insult to the people of this country and a total disregard for the courts," says COPE spokesman Dennis Bloem.

Jiba’s conduct in two other matters was also heavily criticised by the hight court.

“On the question of what happens next - arguably the chances of success in any appeal are very slim‚” said Dube.

“This is due to the fact that this North Gauteng High Court decision is off the back of previous findings by other courts pertaining to the decision not to proceed with the prosecution against Mdluli.

  • Why I took Jiba and Mrwebi cases to the Bar: Former NPA head NxasanaJustice Minister Michael Masutha on Friday dismissed criticism that he and President Jacob Zuma had failed to act when claims about the conduct of Nomgcobo Jiba and Lawrence Mrwebi were first raised.

“It is settled law that leave to appeal is normally granted where there is a reasonable possibility that another court may come to a different conclusion either on the facts or law or both. In this instance‚ that would be unlikely.

“As such‚ in all likelihood‚ the decision that they are not fit and proper will likely stand‚ as is their resultant being struck off the advocates’ roll.

“Being struck off the advocates’ roll means that both Jiba and Mrwebi are simply ineligible for their positions‚ which require one to be fit and proper persons‚ amongst other things‚" Dube added.

  • 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.

“Based on the Supreme Court of Appeal’s reasoning in Democratic Alliance v President of the Republic of South Africa and Others in which the [resident’s appointment of Menzi Simelane as national director of public prosecutions was held to be inconsistent with the Constitution and therefore invalid - one would be hard-pressed to legally justify their continued employment by the authority.”

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