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Parly to proceed with considering if Ramaphosa lawfully axed Jiba, Mrwebi

Parliamentary legal advisor Siviwe Njikela told the committee that legally, there was nothing stopping it from going ahead, even if Jiba were to appeal the court’s decision against her being reinstated.

FILE: Advocate Nomgcobo Jiba. Picture: Kayleen Morgan/EWN

CAPE TOWN - Parliament is set to go ahead with considering whether President Cyril Ramaphosa acted within the law in axing former National Prosecuting Authority (NPA) officials Nomgcobo Jiba and Lawrence Mrwebi.

Jiba recently lost a court bid to have Ramaphosa’s decision to fire her declared invalid and unconstitutional, and to be reinstated with full benefits. Her attempt to stop Parliament from going ahead with its process was also dismissed by the court.

On Tuesday morning, Parliament’s justice committee decided to proceed after being briefed by a parliamentary legal advisor.

Legal advisor Siviwe Njikela told the committee that legally, there was nothing stopping it from going ahead, even if Jiba were to appeal the court’s decision.

“We [Parliament] had agreed not to oppose the application, the Presidency and the Ministry of Justice opposed it and as a result, she lost it. So, as we speak, there is no legal impediment that prevents Parliament from proceeding with its process; the judgment is very clear.”

The committee also decided that in the interests of fairness, Jiba would be given seven days to make written representations to the committee. Mrwebi earlier made his representations but Jiba did not, preferring to go to court.

Parliament is bound by the NPA Act to consider the possible restoration to office of both Jiba and Mrwebi within 30 days of their axing or as soon as possible thereafter, a deadline that’s long past.

Justice committee chairperson Bulelani Magwanishe said they wanted to conclude the matter and put it before the National Assembly before Parliament rises in early December.

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