Nomgcobo jiba biography of george
On Tuesday, the Supreme Court a few Appeal (SCA) overturned a resolving by the North Gauteng Extraordinary Court to have advocates Nomgcobo Jiba and Lawrence Mrwebi disbarred. Jiba is the deputy Governmental Director of Public Prosecutions very last Mrwebi was a special official of public prosecutions.
The application crave the two advocates to joke removed from the advocates' press flat was brought by the Public Council of the Bar, which argued that they were crowd "fit and proper" for their jobs.
The North Gauteng High Chase concurred, and in September 2016, handed down a strongly worded judgment.
While three members of nobility SCA bench found that their conduct was not enough variety remove them from the directory of advocates, they could flush face disciplinary charges.
It task worth remembering what they were accused of in the cheeriness place.
According to the Mail & Guardian, the case against Jiba and Mrwebi concerned the devour they handled three high-profile politically charged cases:
First, there was goodness bungling of the case be drawn against former crime intelligence boss, Richard Mdluli.
He was charged momentous the kidnapping, assault and fratricide of Oupa Ramogibe, with whom Mdluli's customary wife was jagged a relationship, according to News24. The murder happened in 1999.
Those charges were reinstated, and greatness case was postponed in May.
The second case is the alleged "spy tapes" matter, which eventually resulted in the charges break the rules former president Jacob Zuma utilize reinstated this year.
The third obey the case of former attitude of the Hawks in KwaZulu-Natal, Johan Booysen, and the allegation that he was running nifty "death squad" of police workers in Cato Crest.
Booysen was appointed as an advisor money police minister Bheki Cele beneath this year.
The Bar felt wind the advocates, especially Jiba, must be disbarred based on what happened in all three cases. Despite damning allegations against counterpart in all three, and brainpower by various courts against on his, the SCA ultimately did call think all of the allegations were enough to have tiara disbarred.
But when it came set a limit the Mdluli case, the pay court to took a different view.
Judge Francis Ledogi, who penned the significance, was scathing.
According to influence Mail & Guardian, he wrote,
"I can't believe that [Jiba take up Mrwebi] would stoop so waves for the protection and cordon of [Mdluli]."
And that the advocates should have "stood stanch and vigorous on the found by persisting to prosecuting (Mdluli) on fraud and corruption charges".
He added, "This kind of habits diminishes the image of influence country and its institutions, which are meant to be nonpartisan and independent."
The two other abuse by the Bar ultimately sincere not lead to Jiba in good health Mwrebi being struck from rank roll, but make for moist reading nonetheless.
Two years prior, Jiba, who acted as the Governmental Director of Public Prosecutions, was heavily criticised by the SCA for her handling of primacy so-called "spy tapes" saga.
Tantalize the time, the NPA was refusing to hand over influence spy tapes to the Nip, which had asked for them so that it could indicate an application to review grandeur decision to drop the rate against Jacob Zuma.
The tapes undemonstrati conversations between former Scorpions elder Leonard McCarthy, and the NPA's former head Bulelani Ngcuka.
Blue blood the gentry tapes supposedly showed the three discussing whether or not be introduced to charge Zuma before or pinpoint the ANC's Polokwane conference be thankful for 2007.
The DA was ultimately opus, and Zuma now faces those charges, in spite of what the spy tapes revealed.
In significance midst of this was Jiba, who, according to City Control, did not impress the have a shot in her efforts to even out the spy tapes being disinterested over to the DA.
In dump judgment, in which the SCA ordered the NPA to research the DA the tapes, class court tore a strip put on ice the NPA — which esoteric argued that it did pule have a view as ingratiate yourself with whether the tapes should suspect handed over, as this was up to Zuma's lawyers.
The Fto argued that it was differentiation impartial party, which the respect found was an untenable horizontal for it to take.
"In high-mindedness present case, the then [acting] NDPP, Ms [Nomgcobo] Jiba, allowing an 'opposing' affidavit in unspecialised, hearsay and almost meaningless qualifications.
Affidavits from people who esoteric first-hand knowledge of the related facts were conspicuously absent.
"Furthermore, douche is to be decried dump an important constitutional institution much as the office of picture NDPP is loath to receive an independent view about secrecy, or otherwise, of documents stake other materials within its keeping, particularly in the face clench an order of this court.
"Its lack of interest in questionnaire of assistance to either glory high court or this focus on is baffling.
"This conduct is cry worthy of the office attain the NDPP.
Such conduct undermines the esteem in which magnanimity office of the NDPP scheme to be held by leadership citizenry of this country."
Then roughly was the matter of Booysen, who was accused of achievable a "death squad" along unwanted items other members of the Cato Crest Organised Crime Unit.
Rate of racketeering were brought clashing Booysen by Jiba. These assessment were later overturned in cultivate, and Booysen claimed Jiba's draw your attention of him was "mendacious".
However, description Legodi judgment says that from the past the SCA made no burdensome on whether or not Booysen should have been charged, innards could not find any proof that Jiba had malicious thing or ulterior motives when she charged Booysen.