Majavu: Inquiry has no legal authority to overturn SCA findings on Jiba, Mrwebi
Nomgcobo Jiba's lawyer, Zola Majavu, said they're hoping the courts will halt Parliament from deciding on the matter until the review application is concluded.
JOHANNESBURG - Fired deputy prosecutions boss Nomgcobo Jiba appears emboldened by the Pretoria High Court’s ruling confirming a process must be suspended if there's a pending review application.
Jiba, who was fired in April, wants Parliament to suspend President Cyril Ramaphosa’s decision to axe her and Judge Yvonne Mokgoro’s report that led to her firing to be set aside.
Her lawyer, Zola Majavu, said they're hoping the courts will halt Parliament from deciding on the matter until the review application is concluded.
The Constitutional Court ruled on Thursday that it has no jurisdiction to make a ruling on Jiba and Lawrence Mrwebi, meaning the Supreme Court of Appeals' ruling that re-instated them as advocates stands.
"There the SCA found on all three there was no misconduct proven against her, so our contention is that an inquiry like Judge Mokgoro’s has no legal authority to overturn the factual findings of the SCA and we have listed a number grounds and the constitutionality of the president’s action," Majavu said.
Parliament is yet to endorse the president’s decision to fire the pair, but Majavu said Jiba wants that too to be suspended.
"In the event that Parliament were to take the view that not, withstanding the review, they will go ahead and complete this process, at that stage we will interdict them to say the matter is pending before the courts because once a review application is launched, two courts have already ruled that you must await the outcome of that review process," Majavu added.
He said if Jiba succeeds the matter falls away, if not, Parliament will decide.