To enjoy the full Mail & Guardian online experience: please upgrade your browser
04 Jul 2018 14:18
Deputy national director of public prosecutions Nomgcobo Jiba will refrain from entering the offices of the National Prosecuting Authority (NPA) in Pretoria to avoid the “impression that she is contemptuous of the courts”, says her legal representative.
In a letter to Freedom Under Law (FUL), Jiba’s lawyer Zola Majavu said his client did not deny visiting the NPA offices on three occasions.
Majavu also states that Jiba has always been “mindful in respecting the rule of law and she did not deliberately do anything to deviate therefrom”.
“Our client further confirms that in order to avoid an impression that she is contemptuous of the courts, she hereby gives an undertaking to refrain from attending (sic) at the offices of the NPA until this matter is finally resolved in a court of law,” he said.
In December 2017, the North Gauteng High Court in Pretoria set aside the decision by NPA boss Shaun Abrahams to withdraw charges against Jiba.
Jiba was also not allowed to enter the NPA offices in Pretoria. Jiba and her colleague, Lawrence Mrwebi, were struck off the roll of advocates in September 2016.
Judge Francis Legodi concurred with the General Council of the Bar of South Africa that they were “not fit and proper” for their jobs.
The ruling came after their decision to drop charges against former Crime Intelligence head Richard Mdluli, who was facing a number of charges that include defrauding a secret slush fund.
Jiba and Mrwebi appealed the decision in the Supreme Court of Appeal and judgment is yet to be delivered in the matter.
Jiba is still on special leave from her position.
However, after she was spotted entering the NPA premises this year, FUL threatened to take her and Abrahams to court.
READ MORE: Jiba visited NPA offices but not in contempt of court — state attorney
FUL claimed that Jiba and Abrahams were in contempt of court.
In a letter seen by News24 dated June 3, state attorney Gosiame Peter Seleka said Abrahams confirmed that Jiba had not performed any functions relating to her office in the NPA, nor will he allow her to do so.
“...our client specifically denies that the order of the court a quo has been breached or that our client has acted in contempt thereof”, reads part of the letter.
FUL said Seleka’s second letter dated June 29, however, amounts to an admission that Jiba and Abrahams had “flagrantly breached, and acted in contempt of, the order of the Full Court dated 21 December 2017”.
“Ms Jiba thus acted directly contrary to the order, while Mr Abrahams requested her to do so and knowingly facilitated and abetted the breach,” reads the letter.
“There can be no clearer case of willful disobedience of the order (or the aiding and abetting thereof) than the present case.
“The above unlawful conduct of Mr Abrahams and Ms Jiba simply provides further evidence that they are unfit for any public office, let alone two of the highest law enforcement offices in the land.”
Seleka stated in the second letter that Jiba was at the NPA offices but provided specific reasons for the visits.
He again dismissed allegations by FUL that Jiba had acted in contempt of a 2017 court order when she visited the offices, even though she was on special leave.
Seleka explained that Jiba did not perform any function relating to her office, save for a case in which she had “institutional knowledge”.
Create Account | Lost Your Password?