Justice minister to consult NDPP following Jiba judgment

15 September 2016 - 21:23 By Ernest Mabuza

Justice 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. The high court in Pretoria on Thursday removed the names of Deputy National Director of Public Prosecutions Nomgcobo Jiba and Specialised Commercial Crime Unit head Lawrence Mrwebi from the roll‚ following an application by the General Council of the Bar of South Africa (GCB). The GCB applied for their removal because of scathing criticism in different judgments on how Jiba and Mrwebi conducted litigation on behalf of the prosecuting authority in three politically-sensitive cases. The striking of Jiba and Mrwebi from the roll means they are likely be disqualified from their posts at the National Prosecuting Authority‚ because they are required to possess legal qualifications that would entitle them to practise in all courts in the republic and be fit and proper for their posts.However‚ Jiba’s attorney‚ Zola Majavu has indicated she will apply for leave to appeal against the judgment of Judge Francis Legodi.Speaking to eNCA on Thursday evening‚ Masutha said he could not comment on specific actions that could result out of the situation until the consultative process had taken place.“The parties concerned need to be engaged. I need to be engaged with the principal. I need to consult with the president. The president also exercises specific responsibilities‚” Masutha said.He said the affected parties would have to be engaged‚ whether directly or through their legal representatives.Masutha said as soon as all the parties had completed the process of consultation‚ he would give an indication of what the course of action would be.Masutha said there were a few technical measures to consider as a legal representative of Jiba had indicated she wanted to take the matter on appeal.“We will also take into account the fact that parties who are subject of court rulings against them have a chance to appeal.”Masutha said it had been known that judgments of the courts of first instance had been overturned on appeal.“We cannot underestimate the significance of that. We have to take all factors into consideration in determining what would be the appropriate course to take.”When asked whether the public confidence in the NPA had been eroded‚ Masutha said he did not believe that the institution was in turmoil.“I believe the NPA is a solid organisation. I am confident we will be able to resolve the problems that have arisen and restore whatever confidence that may have been dented.”..

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