National Prosecuting Authority deputy head, Advocate Nomgcobo Jiba. Picture: Gallo Images
The application by Freedom Under Law (FUL) to set aside national director of public prosecutions Shaun Abraham’s decision to withdraw fraud and perjury charges against his deputy, Nomgcobo Jiba, has been postponed indefinitely.
FUL in addition wants the court to force President Jacob Zuma to suspend Jiba and the head of the National Prosecuting Authority’s commercial crimes unit Lawrence Mrwebi and to institute an inquiry into their fitness to hold office.
A full bench of the High Court ruled in September last year that Jiba and Mrwebi were not fit to practice as advocates and struck their names off the roll of advocates following an application by the General Council of the Bar (GCB).
The GCB turned to the court after a series of court judgments which found Jiba and Mrwebi to be dishonest, without integrity, lacking in independence sufficient to discharge their functions and unworthy of being called advocates. Both are on special leave.
Their appeal against the striking-off ruling is pending in the Supreme Court of Appeal. Judge Gregory Wright yesterday ruled that the application was not ripe for hearing after FUL handed a 56-page note, setting out their case, to the court.
The note, among others, referred to recent judgments setting aside the appointment of Major General Berning Ntlemeza’s appointment as head of the Hawks.
Ntlemeza, like Jiba and Mrwebi, was also sharply criticized in judicial rulings. Judgment on Ntlemeza’s bid to appeal the ruling against him is pending in the Supreme Court of Appeal.
Judge Wright gave counsel for the president, justice minister, Abrahams, Jiba and Mrwebi until August 15 to file further heads of argument. – ilsedl@citizen.co.za