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Parliament agrees to suspend process on Jiba's removal pending court hearing

Advocate Nomgcobo Jiba went to court for an urgent interdict to stop Parliament from going ahead with the process of either endorsing or rejecting Ramaphosa’s decision to fire her.

FILE: Advocate Nomgcobo Jiba at the Mokgoro Inquiry on 21 February 2019. Picture: Kayleen Morgan/EWN

JOHANNESBURG - Parliament has agreed to hold off on considering President Cyril Ramaphosa’s decision to remove Advocate Nomgcobo Jiba as deputy national director of public prosecutions until September when the Western Cape High Court would hear argument as to why she should be reinstated.

Jiba went to court for an urgent interdict to stop Parliament from going ahead with the process of either endorsing or rejecting Ramaphosa’s decision to fire her.

The matter was to have been heard in the Western Cape High Court on Wednesday, but there was no hearing.

In a statement released on Wednesday, Parliament said National Assembly Speaker Thandi Modise and other parties agreed to an order that would suspend the parliamentary process until 19 September.

That is when the first part would be heard of Jiba’s two-pronged court bid to have her axing and the report of the Mokgoro Inquiry reviewed and set aside.

Jiba wanted the court to reinstate her and restore her benefits, which would include state-funded legal representation.

In the other part of her application, she is seeking a review of Ramaphosa’s decision to remove her from the National Prosecuting Authority and to set aside the findings of the Mokgoro Inquiry, which found she was not fit for office.

Parliament’s spokesperson Moloto Mothapo said the agreement was motivated by Parliament wanting to uphold fairness, impartiality and the rule of law in dealing with the matter.

“Parliament agreed the draft order is motivated by its endeavour to uphold fairness, impartiality and the rule of law in processing this matter. The National Prosecuting Authority Act obliges Parliament, within 30 days or as soon thereafter as is reasonably possible, to pass a resolution about whether or not the restoration of the deputy national director is recommended,” Mothapo said.

“The draft agreement, which is to be made an order of court, demonstrates Parliament’s endeavour to ensure fairness and at the same time to uphold its statutory obligations.”

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