Jiba given a little breathing space

Agreement reached to postpone urgent application to stop process to have Jiba removed from office

PARLIAMENT and National Prosecuting Authority’s Nomgcobo Jiba have reached an agreement to suspend the parliamentary process to remove Jiba from office until September 19 when she launches an application in the Western Cape High Court to be reinstated to her position.

This was confirmed yesterday by parliamentary spokesperson Moloto Mothapo who said the agreement was reached by Speaker of the National Assembly Thandi Modise and parties involved in the urgent interdict sought by Jiba to stop consideration of President Cyril Ramaphosa’s decision to remove Jiba and Mrwebi from office.

President Cyril Ramaphosa and the Mokgoro Commission were cited as respondents in the matter.

“Part A in the main application seeks to reinstate her and to restore her benefits.

Part B is a review which seeks to set aside the President’s decision to remove her and to set aside the findings of the Mokgoro Commission,” he said.

Mothapo said Parliament’s agreement to the draft order was motivated by its endeavour to uphold fairness, impartiality and the rule of law in processing this matter.

“The draft agreement, which is to be made an order of court, demonstrates Parliament’s endeavour to ensure fairness and at the same time to uphold its statutory obligations,” he said.

On Monday, Jiba served Parliament with papers to interdict the parliamentary process to remove her from office pending her legal action to review the decision by President Cyril Ramaphosa to remove her from office, and the findings of the Mokgoro Commission of inquiry into her and Advocate Lawrence Mrwebi’s fitness to hold office.

Ramaphosa instituted the commission after damning judgments were highly critical of the way they conducted some high-profile prosecutions.

Retired Judge of the Constitutional Court Yvonne Mokgoro, who headed the commission, recommended the removal of Jiba and Mrwebi.

The duo were fired in April pending Parliament confirming the decision of Ramaphosa.

In terms of legislation, Ramaphosa was obliged to refer his decision to the national legislature, which had given Jiba and Mrwebi 10 working days to make representation on why they should be reinstated.

Only Mrwebi had made his submission, while Jibe did not,

before scheduled meetings for this week.

Instead, Parliament was served with papers on Monday to halt parliamentary committee meetings that were to consider the future of Mrwebi and Jiba.

Briefing the committees on Tuesday, parliamentary legal advisor Siviwe Njikela said the national legislature initially received a letter from Jiba’s lawyers informing Speaker Thandi Modise that she had proceeded to file an application with the Western Cape High Court for the review of decision by Ramaphosa and the Mokgoro commision findings.

In that letter, in view of pending application, they are of the view sub judice rule has become applicable and so Parliament should stay its process.

But parliament did not budge, claiming when it initiated the statutory process there was no pending court action. |

“They are of the view sub judice rule has become applicable and so Parliament should stay its process.