Probe Jiba, Mrwebi for criminal activity – Outa

The Organisation Undoing Tax Abuse (Outa) yesterday called on the Hawks and the National Prosecuting Authority (NPA) to investigate former NPA advocates Nomgcobo Jiba and Lawrence Mrwebi for possible criminal activity they may have been involved in.

The organisation’s call came after the Constitutional Court denied an appeal by the General Council of the Bar (GCB) to remove them and Advocate Sibongile Mzinyathi from the roll.

“The Constitutional Court ruled the matter does not fall within its jurisdiction and while we are disappointed that further action cannot be taken, we understand the law must be applied fairly,” Stefanie Fick, Outa’s chief legal officer, said.

“Jiba and Mrwebi’s actions had a negative impact on the profession. It was under Jiba’s watch that the NPA was tarnished and state capture flourished.

“The fight for justice continues and our state institutions need to make bold statements by pursuing high-profile cases,” Fick said.

In a unanimous judgment, Justice Chris Jafta noted a “careful reading of the GCB’s pleadings revealed its claim was based solely on section 7(1)(d) of the Admission Act. The GCB sought to have the respondents’ names removed from the roll of advocates on the ground that they were no longer fit to practice as advocates.”

“Reliance was placed on making false statements under oath, suppressing information to mislead a court, and abusing powers of the office they held,” Jafta said. “None of these matters raises a constitutional issue.”

Jafta said the GCB’s proposition the Supreme Court of Appeal was “sharply divided on the standard to be applied in matters involving dishonesty is not correct”.

“In relation to Jiba, the majority found no misconduct was established in the first place. The issue of dishonesty did not arise.

“With respect to Mrwebi, although the majority found misconduct was proved, it held that he was not dishonest.

“For its part the minority found that the facts had established dishonesty on the part of both respondents.”

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