JOHANNESBURG, September 16 (ANA) – Deputy National Director of Public Prosecutions Nomgcobo Jiba and Special Director of Public Prosecutions Lawrence Mrwebi were placed on special leave at their request on Friday, the National Prosecuting Authority said.
“On 16 September 2016, the NDPP [National Director of Public Prosecutions Advocate Shaun Abrahams] placed both Advocate Nomgcobo Jiba and Advocate Lawrence Mrwebi on special leave at their request and after having consulted the Minister of Justice and Correctional Services thereon,†the NPA said in a statement.
“In their request to the NDPP both Advocates Jiba and Mrwebi confirmed their instructions to their legal representatives to file applications for leave to appeal to the Supreme Court of Appeal against the judgment and order handed down by [Judge Francis] Legodi,†the statement read.
“The NDPP took into consideration the integrity of the NPA, the public confidence in the NPA and the administration of justice as a whole, balanced against the integrity and reputation of Advocates Jiba and Mrwebi, along with their constitutionally entrenched rights to equal protection and benefit of the law, including their right to appeal.â€
In the statement, Abrahams thanked Jiba and Mrwebi for “upholding the integrity†of the NPA and their own and called for the matter to be expedited in the interests of the NPA “as a critical institution in the criminal justice cluster†and in the interests of the proper administration of justice.
Abrahams said he noted the judgment and respected the legal processes envisaged to unfold.
On Thursday, the High Court in Pretoria ordered that Jiba and Mrwebi be struck off the roll of advocates after an application by the General Council of the Bar to have them struck from the roll after several adverse ruling against them.
“I cannot believe that two officers of the court (advocates) who hold such high positions in the prosecuting authority will stoop so low for the protection and defence of one individual who had been implicated in serious offences,†the judgment by Legodi read.
“In fact, taking into account the kind of personality (referring to Mdluli), Mrwebi and Jiba had to deal with, they should have stood firm and vigorous in the ground by persisting to prosecute Mdluli on fraud and corruption charges,†the judgment continued.
“By their conduct, they did not only bring the prosecuting authority and the legal profession into disrepute, but have also brought the good office of the president of the Republic of South Africa into disrepute by failing to prosecute Mdluli … It is this kind of behaviour that diminishes the image of our country and its institutions which are meant to be impartial, independent and transparent in the exercise of their legislative public powers.â€
He said Jiba and Mrwebi were assigned to deal with the surge of crimes like fraud and corruption by investigating and prosecuting them without fear, favour and prejudice.
Justice and Correctional Services Minister Advocate Michael Masutha on Thursday said he noted the judgment and said he would reflect on it and its implications.
“In his capacity as Cabinet member responsible for administration of justice and exercising final responsibility over the National Prosecuting Authority, Minister Masutha will interface with the National Director of Public Prosecutions Advocate Shaun Abrahams in this regard,†his spokesperson Mthunzi Mhaga said in a statement at the time.
On Friday, welcoming the suspension of Jiba and Mwrebi, the Democratic Alliance said it was a victory.
“This is effectively a suspension pending the outcome of the inevitably fruitless leave to appeal the North Gauteng High Court judgement that struck them off the Roll of Advocates. This is a victory for the National Prosecuting Authority and our nation’s prosecutorial integrity,†Advocate Glynnis Breytenbach said.
“This is also a victory for the General Council of the Bar in their bid to ascertain legal certainty that representatives of the NPA ought to be “fit and properâ€. This suspension will ensure that they do not further facilitate the decline of the NPA and we hope that this signals the first step on their road to departure from the NPA.â€
The South African National Civic Organisation (SANCO) however called on the NPA to “show respect for the rule of law and the independence of the judiciaryâ€.
“Whatever processes that the NPA will embark upon to deal with the unprecedented ruling which will have far reaching consequences must unequivocally communicate its commitment to uphold the decisions of our courts and put the credibility of the institution and interest of the country above those of the affected individuals,†SANCO spokesperson Jabu Mahlangu said in a statement.
“The image of the prosecution authority which has been severely tarnished by the ruling against the deputy prosecutions boss and the head of specialised commercial crime unit must be salvaged and urgent steps taken to ensure that the institution emerges quicker out of the crisis it is facing.â€
He said that the public’s confidence in the NPA should not be eroded by the process and said it would compromise the criminal justice system.
Mahlangu said that decisive action was required in the matter.
Jiba and Mrwebi have, in the past, been criticised by the Supreme Court of Appeal and by High Court judges for the decision to withdraw corruption, fraud, and murder charges against Mdluli.
– African News Agency (ANA)
