Ruling striking Jiba, Mrwebi from advocates’ roll overturned

NEARLY two years after a high court ruling struck top National Prosecuting Authority officials Nomgcobo Jiba and Lawrence Mrwebi from the roll of advocates, the Supreme Court of Appeal (SCA) has overturned the ruling.

The SCA found yesterday that the sanction meted out to Jiba, deputy national director of public prosecutions, and Mrwebi, specialised commercial crimes unit head of the NPA, was not justified.

In September 2016 the North Gauteng High Court in Pretoria, in a scathing judgment, found that they had brought the legal profession into disrepute. Jiba and Mrwebi subsequently turned to the SCA to appeal against their axing as advocates.

In a majority judgment, SCA Acting Deputy President Jerry Shongwe said regarding Jiba: “Perhaps one may infer some form of incompetence with regard to her duties, which may be a ground to remove her from being the DNDPP, but it is not sufficient enough to be removed from the roll of advocates.”

He said the General Council of the Bar (GCB), which launched the proceedings to have Jiba and Mrwebi removed from the roll, failed to establish any misconduct against her.

Regarding Mrwebi, the SCA said it was prepared to find that the GCB succeeded in establishing some wrongdoing on his part, but because there was no personal gain from Mrwebi’s conduct, the sanction handed down to him was not justified.

Mrwebi was suspended by the SCA as an advocate for six months, but this was backdated to September 2016, when the original high court judgment was delivered.

Jiba and Mrwebi, in turning to the SCA, said they at all times had acted in good faith and were merely exercising their duties under the auspices of the NPA Act when they took several high-profile decisions, including the decision to drop fraud and corruption charges against suspended crime intelligence head, Richard Mdluli.

Judge Francis Legodi, who ordered that the pair be struck from the roll of advocates, severely criticised them for not prosecuting Mdluli.

He said he could not believe that two officers of the court, who held top positions in the NPA, would “stoop so low” as to protect one individual, Mdluli.

He said they had not only brought the NPA and legal profession into disrepute, but also the office of the president by failing to prosecute Mdluli.

In her application before the SCA, Jiba said the fraud and corruption charges against Mdluli were withdrawn – which mainly had led to her being struck from the roll – for further investigation to take place.

The intention was to reinstate the charges if further incriminating evidence came to hand.

Freedom Under Law (FUL), meanwhile, said it would no longer pursue its urgent application asking for contempt of court orders against Jiba and NPA boss Shaun Abrahams.

FUL earlier said it was heading to court as Jiba, on several occasions, had visited the offices of the NPA, in spite of a court order that pending the finalisation of her appeal, she was barred from entering those offices.

The NPA could not be reached for comment on the way forward regarding Mrwebi and Jiba.