Court grants Zuma time

PRETORIA: The North Gauteng High Court yesterday questioned a “premature application” by Freedom Under Law (FUL) to compel President Jacob Zuma to institute an inquiry into the fitness of National Prosecuting Authority (NPA) advocates Lawrence Mrwebi and Nomgcobo Jiba to hold office.

Judge Billy Mothle told FUL’s advocate, Max du Plessis, a lower court could not make a decision on a matter which is already at the Supreme Court of Appeal (SCA) in Bloemfontein.

Du Plessis argued that the application did not intend to confuse the court or seek a ruling that would undermine the SCA, but to hold Zuma accountable to his duties.

“The president failed to act on a binding judgment even before the appeal,” Du Plessis said.

In September last year‚ Jiba and special director of public prosecutions Mrwebi were struck off the roll of advocates.

In February‚ Zuma decided not to suspend Jiba and Mrwebi‚ or to institute an inquiry into their conduct.

At the time Zuma said having considered that the high court had granted Jiba and Mrwebi leave to appeal against an order striking them off the roll of advocates‚ he decided not to suspend them pending finalisation of the appeal process.

FUL wants the court to declare Zuma’s failure to institute an inquiry into the conduct of Jiba and Mrwebi unlawful and to direct the president to institute such an inquiry.

Du Plessis said Zuma was the only person who could make sure people occupying the NPA offices are of good standing.

Jiba and Mrwebi were struck of the roll in connection with their conduct in several cases. These include the decision to drop charges against suspended head of police crime intelligence Richard Mdluli.

Advocate Hilton Epstein, for Zuma, argued that FUL’s application was premature and they should have at least waited for the matter to be finalised at the SCA as it was still pending.

The matter continues. – ANA