NPA boss wants interdict against Jiba struck off roll

An application to have Nomgcobo Jiba & Lawrence Mrwebi disciplined is being heard at the High Court in PTA.

FILE: Prosecutions boss Shaun Abrahams (left) has challenged Freedom under Law’s claim that its interdict application against his deputy Nomgcobo Jiba (right) is urgent. Picture: Reinart Toerien/EWN.

PRETORIA - National Prosecuting Authority (NPA) boss Shaun Abrahams has challenged Freedom Under Law (FUL)'s claim that its interdict application against his deputy

Nomgcobo Jiba is urgent, and has called for it to be struck off the roll.

An application to have Jiba and her colleague Lawrence Mrwebi suspended and disciplined is being heard in the High Court in Pretoria.

#JibaFUL Epstein: FUL wants an interdict preventing Jiba ad Mrwebi to perform their functions. BB

FUL is also asking the court to make a finding on President Jacob Zuma's alleged failure to act against the pair.

Advocate Hilton Epstein has argued that there is no urgency in this matter and it is an abuse of process because any urgency is self-imposed.

FUL has relied on several court judgments against both Jiba and Mrwebi, as well as internal investigations, to support its case against the pair.

#JibaFUL Epstein: FUL knew in August that charges withdrawn against Jiba, but they only bring an application now in November. BB

But Epstein has argued that these matters date as far back as 2013, with the most recent event being about three months ago.

The advocate says if the applicant believed there was such urgency, it would have lodged an application much sooner.

#JibaFUL Epstein: FUL knew in August that charges withdrawn against Jiba, but they only bring an application now in November. BB

Epstein has further argued that the court doesn't have jurisdiction to rule on the matter because only the president, in terms of the Constitution, is empowered to act against the two senior NPA officials.

#JibaFUL Epstein: the President appoints the NDPP and deputies. The president can institute disciplinary proceedings. BB

Arguments in the application to have Jiba suspended have been confined to the question of urgency because of time constraints.

Representing Jiba, advocate Norman Arendse says there are already two other court cases underway which address the issues raised by FUL.

He says Jiba has been asked to account for her conduct by the General Council of the Bar where she deals with the criticism against her by several judges.

Arendse says FUL's application can await the outcome of that hearing because it will rule on the alleged misconduct.

He says his client wants the council matter to be heard as soon as possible.

Arendse further argued that there is nothing to indicate that Jiba remaining in her post would derail the work of the NPA or bring it into disrepute.