The Supreme Court of Appeal (SCA) has overturned a high court ruling that called for the National Prosecuting Authority’s Nomgcobo Jiba and Lawrence Mrwebi to be struck off the roll of advocates.
The judgment was delivered by Justice Connie Mocumie in Bloemfontein on Tuesday morning.
Jiba is the deputy national director of public prosecutions and Mrwebi the special director of public prosecutions.
Jiba and Mrwebi were struck off the roll on September 15, 2016, by Judge Francis Legodi.
Legodi agreed with the General Council of the Bar of SA 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, which included defrauding a secret slush fund.
They were both placed on special leave.
‘Mindful in respecting the rule of law’
News24 recently reported that Jiba would refrain from entering the offices of the NPA in Pretoria to avoid the “impression that she is contemptuous of the courts”, her legal representative said.
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”.
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.
After she was spotted entering the NPA premises this year, FUL threatened to take her and Abrahams to court.
FUL claimed that Jiba and Abrahams were in contempt of court. ― News24