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ConCourt upholds SCA ruling keeping Jiba, Mrwebi as advocates

This after a long battle with the General Council of the Bar which wanted them struck off the roll.

Advocate Nomgcobo Jiba at the Mokgoro Inquiry on 21 February. Picture: Kayleen Morgan/EWN

JOHANNESBURG – The Constitutional Court has found in favour of advocates Nomgcobo Jiba and Lawrence Mrwebi who were fired from the National Prosecuting Authority (NPA). They will remain on the roll of advocates.

The Constitutional Court has handed down judgment after a long battle with the General Council of the Bar, which wants them struck off the roll. The court found that the High Court in Pretoria court doesn't have jurisdiction to rule on the matter and the Supreme Court of Appeal (SCA)'s ruling remains.

The High Court in Pretoria ruled in favour of the bar but the pair appealed at the SCA, which reinstated them last year.

The bar then appealed at the Constitutional Court.

Jiba was the deputy national director of public prosecutions who was found unfit for deciding to drop charges against former Crime Intelligence head Richard Mdluli back in 2011 and Mrwebi was the head of the specialised commercial crimes unit in the NPA who acted in concert with Jiba in recommending that decision.

They both maintain they had no influence in the case but Judge Yvonne Mokgoro's inquiry found to the contrary and President Cyril Ramaphosa subsequently fired them.

Jiba's advocate Zola Majavu said she was elated with the news.

"She's emotional and when I spoke to her she was too distraught to talk. She said that she had accepted what had come, it was well with her soul but she was basically thanking her ancestors for the four-year journey."

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