Time is running out for National director of Public Prosecutions Advocate Nomgcobo Jiba, alongside special director of Public Prosecutions Advocate Lawrence Mrwebi, to make submissions to the president as to why they should not be suspended, pending their fitness to hold office.
President Cyril Ramaphosa invited Jiba and Mrwebi to make submissions by August 10 as to why they should not be suspended from the National Prosecuting Authority (NPA).
Jiba and Mrwebi were placed on special leave in 2016. The two were also barred from performing their functions at the NPA last year, pending the outcome of their appeal. They won the appeal this year, and were promptly reinstated.
The Supreme Court of Appeal (SCA) overturned the striking off the roll of Jiba and Mrwebi on July 10. In a majority judgment delivered by Judge Connie Mocumie, the SCA upheld their appeal against a 2016 ruling by the Pretoria High Court with costs.
The court set out the three guidelines for removing an advocate from the roll, namely proven misconduct, the discretionary view that he or she is not fit to practice in the profession, and whether suspension would suffice.
Regarding Jiba, the appeal court found that the General Council of the Bar (GCB) had failed to establish misconduct on her part, referring to the handling of the case of Richard Mdluli, the former crime intelligence boss who controversially escaped fraud and corruption charges.
The GCB is seeking leave to appeal the Supreme Courts judgment.