Jiba to remain on leave until Abrahams gives the go ahead for her return

Deputy national director of public prosecutions Nomgcobo Jiba will remain on special leave until the National Prosecuting Authority (NPA) gives her the green light to return to work.

Jiba’s attorney Zola Majavu confirmed that she had not yet resumed work after the Supreme Court of Appeal upheld her appeal against a high court judgment in 2016, which struck her from the roll of advocates.

“Now that the SCA has spoken, there is no need for that special leave to stay in place but obviously it is an issue that must be resolved by her and her employer, which is the NPA,” Majavu told EWN.

The SCA handed down judgement in Bloemfontein on Tuesday where Judge Jeremiah Shongwe, in a majority judgement, said that the General Council of the Bar had failed to show that Jiba should be struck off the roll.

“Perhaps one may infer some form of incompetence with regard to her duties, which may be a ground to remove her from being the DNDPP but not sufficient enough to be removed from the roll of advocates,” Shongwe said.

The SCA judgment relates to Jiba and Lawrence Mrwebi’s, the special director of public prosecutions, handling of the NPA’s case against former crime intelligence boss Richard Mdluli.

Shongwe said the High Court “started by describing who Mdluli was and detailed his personality, characterised him in an egregious manner as if he was already convicted of the allegations against him”.

“This characterisation, in my view, negatively influenced the court a quo’s evaluation of the manner in which Jiba and Mrwebi handled the Mdluli case. The relevance of which is not clearly explained.”

Jiba and Mrwebi’s return to the NPA offices is now imminent as they await the go ahead from national director of public prosecutions Shaun Abrahams to resume their responsibilities.

NPA spokesperson Luvuyo Mfaku said the pair would be welcomed back.

“The NPA is pleased with the judgment of the SCA, as it vindicates the rule of law,” Mfaku told News24.

“We firmly believe that there’s nothing precluding them from resuming their responsibilities, however, the NDPP as the employer will be engaged on the way forward.”

These are unprecedented times, and the role of media to tell and record the story of South Africa as it develops is more important than ever. But it comes at a cost. Advertisers are cancelling campaigns, and our live events have come to an abrupt halt. Our income has been slashed.

The Mail & Guardian is a proud news publisher with roots stretching back 35 years. We’ve survived thanks to the support of our readers, we will need you to help us get through this.

To help us ensure another 35 future years of fiercely independent journalism, please subscribe.

Raeesa Pather
Raeesa Pather
Ra’eesa Pather is a Cape Town-based general news and features journalist.
Advertisting

‘Frustrated’ police resort to force

Regulation uncertainty leaves slap-happy police and soldiers to decide when people should or shouldn’t be allowed on the streets

Mail & Guardian needs your help

Our job is to help give you the information we all need to participate in building this country, while holding those in power to account. But now the power to help us keep doing that is in your hands

Press Releases

New energy mix on the cards

REI4P already has and will continue to yield thousands of employment opportunities

The online value of executive education in a Covid-19 world

Executive education courses further develop the skills of leaders in the workplace

Sisa Ntshona urges everyone to stay home, and consider travelling later

Sisa Ntshona has urged everyone to limit their movements in line with government’s request

SAB Zenzele’s special AGM postponed until further notice

An arrangement has been announced for shareholders and retailers to receive a 77.5% cash payout

20th Edition of the National Teaching Awards

Teachers are seldom recognised but they are indispensable to the country's education system

Awards affirm the vital work that teachers do

Government is committed to empowering South Africa’s teachers with skills, knowledge and techniques for a changing world

SAB Zenzele special AGM rescheduled to March 25 2020

New voting arrangements are being made to safeguard the health of shareholders