Zuma won’t suspend NPA advocates
PRESIDENT Zuma had decided not to suspend or institute an inquiry into the fitness to hold office of National Prosecuting Authority advocates Lawrence Mrwebi and Nomgcobo Jiba pending the finalisation of the legal procedures.
The Presidency said yesterday: “This follows the decision of the North Gauteng High Court granting the two prosecutors leave to appeal against its earlier decision. Subsequent to this decision, (the) president invited advocate Jiba and advocate Mrwebi to make written representations as to why they should not be suspended, pending the outcome of an inquiry into their fitness to hold office.
“The president has decided not to suspend them or institute any inquiry until the finalisation of the leave process.”
The Presidency said Jiba and Mrwebi were still on a special leave as per their arrangement with the National Director of Public Prosecutions.
The North Gauteng High Court ordered that Jiba and Mrwebi be removed from the roll of advocates in September last year.
The General Council of the Bar had applied to the court to have them struck from the roll after several adverse rulings against them.
Handing down judgment at the time, Judge Francis Legodi said Jiba and Mrwebi should have stood firm and prosecuted suspended crime intelligence head Richard Mdluli on the charges of fraud and corruption.
“I cannot believe that two officers of the court (advocates) who hold such high positions in the Prosecuting Authority will stoop so low for the protection and defence of one individual who had been implicated in serious offences,” the judgment read.
Taking into account the kind of personality (referring to Mdluli) Mrwebi and Jiba had to deal with, they should have stood firm by persisting in prosecuting Mdluli on fraud and corruption charges, the judgment continued.
“By their conduct, they did not only bring the Prosecuting Authority and the legal profession into disrepute, but have also brought the good office of the President of the Republic of South Africa into disrepute by failing to prosecute Mdluli.
“It is this kind of behaviour that diminishes the image of our country and its institutions, which are meant to be impartial, independent and transparent in the exercise of their legislative public powers.”
Jiba and Mrwebi have, in the past, been criticised by the Supreme Court of Appeal and by high court judges for the decision to withdraw corruption, fraud and murder charges against Mdluli.
On October 25, the president gave notice of his intention to suspend the two deputy national directors of public prosecutions, Jiba and Mrwebi, from office pending an inquiry into their fitness to hold office. – ANA