Bid to get Jiba off the roll of advocates

01 June 2016 - 09:04 By FRANNY RABKIN

The General Council of the Bar yesterday recommended that the Pretoria High Court strike prosecutors Nomgcobo Jiba and Lawrence Mrwebi from the roll of advocates - saying they could not be deemed fit and proper due to how they conducted litigation on the part of the National Prosecuting Authority in three highly sensitive political cases. If the application succeeds, it is likely the two will not be able to keep their posts at the NPA.Court hears application to strike Jiba and two other senior prosecutors from rollA court application that could see three senior prosecutors‚ including deputy prosecutions head Nomgcobo Jiba‚ struck from the roll of advocates began on Monday.DA will apply for leave to appeal in Jiba caseAdvocate Nomgcobo Jiba ought to be the subject of a commission of inquiry and be suspended from her position as the deputy National Director of Public Prosecutions.DA loses in bid to have Jiba suspendedThe Western Cape High Court on Monday dismissed an application by the Democratic Alliance (DA) asking the court to force President Jacob Zuma to suspend Deputy National Prosecuting Authority head‚ advocate Nomgcobo Jiba.Of concern are the decision to drop corruption charges against the former head of the crime intelligence division Richard Mdluli, the "spy tapes" that led to the dropping of corruption charges against President Jacob Zuma and the decision to prosecute police Major-General Johan Booysen for his alleged role in the Cato Manor "death squad".General Council of the Bar counsel Schalk Burger said Jiba and Mrwebi had ignored the advice of two legal teams during Mdluli's litigation.Pretoria High Court Judge John Murphy sharply criticised Jiba for not providing a proper record and for not disclosing an internal memorandum by former senior prosecutor Glynnis Breytenbach, which stated that it would be unlawful to discontinue Mdluli's prosecution.Burger said that Jiba had disregarded both Terry Motau and Leon Halgryn, even probably firing Halgryn because she did not like his advice.Mrwebi was also hauled over the coals by Murphy for saying that he had made the decision to drop charges against Mdluli in consultation with North Gauteng director of public prosecutions Sibongile Mzinyathi, while in fact he had made the decision unilaterally. Earlier, Mrwebi's counsel, Rathaga Ramawele, faced tough questions from the bench about this. - ©BDlive 2016..

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