Decision time for Jiba and Mrwebi
The Constitutional Court will hand down judgment at 10am tomorrow in a General Council of the Bar (GCB) application aimed at having axed deputy prosecutions boss, Nomgcobo Jiba, and her colleague, Lawrence Mrwebi, struck from the roll of advocates, notes a News24 report.
The GCB initially succeeded in its striking off application before the Gauteng High Court (Pretoria), but lost when the axed advocates took the matter to the SCA.
The Constitutional Court is to rule on an appeal against the split decision of the SCA.
During arguments at the Constitutional Court in March, Advocate Schalk Burger SC, who represented the GCB, said the SCA had ‘misdirected itself as to the facts’ in the majority judgment.
Jiba was acting NDPP between 28 December 2011 and 30 August 2013. Jiba and Mrwebi were struck from the roll on 15 September 2016, after Judge Francis Legodi agreed with the GCB that they were ‘not fit and proper’ to be advocates.
However, in the majority judgment at the SCA, authored by Judge Jeremiah Shongwe, it was found that the GCB could not establish any misconduct on Jiba's part.
And on Mrwebi, Shongwe said: ‘As regards to Mrwebi, I am of the considered view that the court a quo treated him harshly. His failure to comprehend the concept of “in consultation”, in my view, should perhaps be attributed to his incompetence or naivety rather than his honesty and lack thereof.’
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