High court: Jiba did everything possible to withdraw charges against Mdluli
The High Court in Pretoria found Nomgcobo Jiba thus acted in bad faith and displayed an ulterior motive.
PRETORIA - The High Court in Pretoria has found that deputy prosecutions boss Nomgcobo Jiba did everything in her power to ensure fraud and corruption charges were withdrawn against suspended crime intelligence head Richard Mdluli.
Jiba and Specialised Commercial Crimes Unit head Lawrence Mrwebi were today struck from the roll of advocates for their role in the Mdluli matter.
The General Council of the Bar applied to have them removed following several adverse findings against the pair. LISTEN: Lawrence Mrwebi and Nomgcobo Jiba struck off the roll of advocates.
LISTEN: Lawrence Mrwebi and Nomgcobo Jiba struck off the roll of advocates.
Judge Francis Legodi says advocates Jiba and Mrwebi ignored the legal advice of three teams of outside counsel that the case against Mdluli should proceed.
The judge says Jiba's claim that she believed that the police did not have a case against Mdluli could not have been honest or truly made.
He says she was steadfast in doing everything in her power to ensure that the charges against Mdluli were withdrawn despite evidence against him.
The court found Jiba thus acted in bad faith and displayed an ulterior motive, and therefore offended against the rule of law and the Constitution.
The judge also found that Mrwebi had lied to the court and attempted to mislead it.
The National Prosecuting Authority (NPA) says it's studying the judgment.
JIBA'S OPPONENTS HAIL RULING AS VICTORY FOR INDEPENDENCE OF THE LAW
At the same time, some of Jiba's opponents have been reacting to the news that she's been struck off the roll of advocates, hailing it as a victory for the independence of prosecutors and the rule of law.
Former NPA prosecutor Glynnis Breytenbach believes the pair led a witch-hunt against her in order to protect their friend Mdluli from being prosecuted.
Breytenbach, who is now with the Democratic Alliance, says she's delighted by today's decision.
"They are toxic and bad for the criminal justice system, they have brought nothing but destruction at the NPA, we are absolutely delighted."
Former KwaZulu-Natal Hawks boss general Johan Booysen has accused Jiba of driving a vendetta against him.
He says he won't comment about the court's decision but his opinions about Jiba are expressed in his recently released book in which he is scathing about the prosecutions boss.
Booysen took on her in court and won and submitted a statement in support of the bid to have her struck off the roll.