Jiba and Mrwebi reinstated to roll of advocates

Deputy national director of public prosecutions Nomgcobo Jiba and National Prosecuting Authority (NPA) specialised commercial crimes head Lawrence Mrwebi have been reinstated to the roll of advocates.

The two were struck off the roll of advocates in 2016 for their handling of former crime intelligence head Richard Mdluli’s case. The Supreme Court of Appeal has ruled they should be reinstated.

Handing down the judgment today, Justice Connie Mocumie was quoted as saying: “The application for the striking of the roll for Miss Jiba and Mr Mrwebi is dismissed with no order as to course.

“However, as regards, Mr Mrwebi is suspended as an advocate for a period of six months from the date of this order, 15 September, 2016. I hand down the judgment.”

With regard to Jiba, the Appeals Court found that the General Council of the Bar (GCB) had failed to establish misconduct on her part with regard to the handling of the Richard Mdluli matter.

The GCB’s complaint against Mrwebi, the special director of public prosecutions, is also related to the Mdluli matter, and particularly that he had misrepresented the extent of his consultation with the NPA’s Advocate Sibongile Mzinyathi before taking a decision to withdraw fraud and corruption charges against the former head of the police’s crime intelligence unit.

The Appeals Court found that the GCB did establish misconduct on the part of Mrwebi, but that the sanction of scrapping him off the role was not justified because his conduct did not bring him personal gain.

“The majority judgment further held that the high court materially misdirected itself in striking Mrwebi from the roll – it failed to consider why suspension was not an appropriate sanction. The majority judgment held that the appropriate sanction is for Mrwebi to be suspended as an advocate for a period of 6 months from the date of 15 September, 2016.”

A dissenting judgment by Judge Christiaan Van der Merwe held that the appeals of Jiba and Mrwebi should fail and the cross-appeal of the GCB should succeed.

Last week, the NPA hit back at Freedom Under Law (FUL), who had threatened national director of public prosecutions Shaun Abrahams and his deputy, Nomgcobo Jiba, with contempt of court proceedings.

The FUL threatened to take the legal action because Jiba had been in breach of a court order by visiting the NPA offices on several occasions.

NPA spokesperson Luvuyo Mfaku, however, hit back in a radio interview with Jacaranda FM, saying FUL’s intended legal action was “marked with hatred for the incumbent [Abrahams]” by an organisation that has “relentlessly pursued Abrahams since his appointment three years ago”.

“They have now degenerated to unprecedented levels of sensationalism and pettiness,” he said.

Mfaku said in an interview with Radio 702 that the NPA had consulted with senior counsel, and was of the view that they were not in contempt of court, as Abrahams and Jiba had filed applications for leave to appeal against the court ruling, which automatically suspended the court order and allowed Jiba to continue with her duties.

Additional reporting by Ilse De Lange and the African News Agency (ANA)

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