Nomgcobo Jiba to challenge findings of Mokgoro commission
Earlier today President Cyril Ramaphosa informed Nomgcobo Jiba and Lawrence Mrwebi that he had accepted the commission’s recommendations and removed the pair from office.
PRETORIA - Former deputy prosecutions boss Nomgcobo Jiba has announced she will challenge the findings and recommendations of the Mokgoro commission – insisting they’re riddled with elementary errors.
President Cyril Ramaphosa informed Jiba and advocate Lawrence Mrwebi that he had accepted the commission’s recommendations and removed the pair from office.
The commission - chaired by retired Constitutional Court Justice Yvonne Mokgoro - found the two advocates were neither fit nor proper to hold their respective offices.
In a statement, Jiba says the commission’s report contains numerous elementary but gross errors of judgment - which she says a review application to the High Court will demonstrate.
She says the commission failed to take into account the Supreme Court of Appeal’s finding that there was nothing wrong with her authorising the prosecution of former KwaZulu-Natal Hawks head Johan Booysen.
Jiba argues that the commission is not a court of law and may not issue recommendations that contravene a factual finding of a court.
The advocate adds that President Ramaphosa also failed to respect the order of the supreme court through his acceptance of the commission’s finding that she was incompetent in the Booysen matter.
She says the adverse findings against her related to the Richard Mdluli and spy tapes matters were also wrong.
MORE WORK TO BE DONE AT NPA
While the decision to axe Jiba and Mrwebi has been welcomed, there have been warnings that there is still a lot of work to be done to turn the National Prosecuting Authority (NPA) around.
Constitutional law expert Phephelaphi Dube said while the president's decision came as no surprise, it must be viewed as part of a process to revive confidence in the NPA.
“It certainly does go a long way in terms of assuring the South African public that the NPA is indeed a body that stands for the rule of law and is not a politically compromised body. But I think it’s just the first step, I think there’s still a lot of other issues that the NPA needs to come to terms with.”