Nomgcobo Jiba. Picture: SOWETAN
Nomgcobo Jiba. Picture: SOWETAN

It is not in the interest of justice for the Constitutional Court to grant the General Council of the Bar leave to appeal against an earlier ruling reinstating her to the bar, deputy national director of public prosecutions Nomgcobo Jiba says.

In court papers opposing the bar’s application for an appeal, Jiba said she did not believe the Constitutional Court should be tasked with deciding whether she should be struck from the roll of advocates.

Jiba and special director of public prosecutions Lawrence Mrwebi were allowed to return to the National Prosecuting Authority (NPA) in August after the Supreme Court of Appeal overturned a high court order that had struck them from the roll of advocates.

According to the National Prosecuting Authority Act, one needs to be an advocate to occupy the positions they held.

The bar had brought the initial application based on how the pair and advocate Sibongile Mzinyathi had handled three politically loaded cases. One of these was the prosecution of former crime intelligence boss Richard Mdluli.

In papers filed in August, Jiba said the court did not have the jurisdiction to hear the appeal. The appeal did not raise any arguable point of law and the dispute was about interpretation of the facts, she said. The bar’s argument about constitutionality was a new one, she said.

Besides the application in the Constitutional Court, the high court will in October hear an appeal application following a judgment that directed President Cyril Ramaphosa to institute inquiries into the fitness of Jiba and Mrwebi to hold office and to suspend them pending the outcome.

Ramaphosa has asked the pair to give reasons why they should not be suspended, pending the outcome of the probes. The pair submitted reasons on August 10, but nothing has been communicated on the matter.