Court hears application to strike Jiba and two other senior prosecutors from roll
A court application that could see three senior prosecutors‚ including deputy prosecutions head Nomgcobo Jiba‚ struck from the roll of advocates began on Monday. It is scheduled to run for three days in the Pretoria High Court. Jiba‚ head of the National Prosecution Service‚ Specialised Commercial Crime Unit head‚ Lawrence Mrwebi and North Gauteng director of public prosecutions Sibongile Mzinyathi were the subject of scathing criticism in four court judgments. In the Freedom Under Law case challenging the dropping of charges against former crime intelligence head Richard Mdluli‚ both the High Court and Supreme Court of Appeal criticised Jiba‚ Mrwebi and Mzinyathi — "senior officers of the court" — for not being candid in their affidavits. Pretoria High Court Judge John Murphy called Mzinyathi’s affidavit "a belated‚ transparent and unconvincing attempt to rewrite the script".The court proceedings began unusually with presiding judge Francis Legodi asking counsel for the GCB‚ Schalk Burger SC‚ whether the council really wanted to proceed against Mzinyathi. He said the judicial criticism against Mzinyathi was rooted in a confirmatory affidavit‚ attached to an affidavit deposed to by Mwrebi.But if the affidavit was looked at in context‚ “you will actually see that he has been consistent throughout‚” said Judge Legodi.Burger said the GCB saw its role as to bring facts before the court‚ to enable it to make up its mind. He added that the GCB did not suggest Mzinyathi to be struck off‚ leaving it in the discretion of the court. But Judge Legodi said there still needed to be a case for Mzinyathi to answer.“We want you to think on that‚” said Judge Legodi.Section 7 of the Admission of Advocates Act allows the High Court to strike an advocate off the roll for not being fit and proper to be an advocate.To be appointed as a National Director‚ Deputy National Director or Director‚ a person must “possess legal qualifications that would entitle him or her to practise in all courts in the Republic” - in other words be either an advocate or an attorney.The hearing continues...
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