Fired senior prosecutor Nomgcobo Jiba has filed court papers to challenge retired Constitutional Court judge Yvonne Mokgoro's report, which found her unfit for office.
Jiba filed an application in the Western Cape High Court on Wednesday to review and set aside the report.
President Cyril Ramaphosa axed Jiba in April based on the findings and recommendations of Mokgoro's report which stated that Jiba's conduct, on multiple occasions, showed a "lack of conscientiousness".
In the notice of motion, Jiba asked for Ramaphosa and the National Director of Public Prosecutions (NDPP) to reinstate her to the position of deputy national director of prosecutions "with all associated employment benefits with immediate effect".
Jiba had asked the court to interdict or prohibit the president and the NDPP from filling the position until her review process was concluded.
"A letter was subsequently addressed to the NPA indicating that both the NPA and the president's actions would be subjected to a judicial review application, as it remains our considered view that they were unlawful," her lawyer Zola Majavu said in a letter.
Majavu said they would wait for a formal response from parliament, adding that they should await for the outcome of the review proceedings pending before court.
"All she asks for is to be treated with fairness and consistency."
