- Mar 26, 2010
More at: https://www.timeslive.co.za/news/south-africa/2018-07-10-appeal-court-finds-jiba-misconduct-not-established/Advocate Nomgcobo Jiba can return to her post at the National Prosecuting Authority (NPA) after two years on special leave.
This comes after the Appeal Court on Tuesday morning overturned a ruling that she was unfit to practice.
The ruling split the judges who decided the case: three ruled in Jiba’s favour‚ while two ruled against her.
Three Appeal Court judges – Jerry Shongwe‚ Willie Seriti and Baratang Mocumie – found that the General Council of the Bar (GCB) established “no misconduct” in terms of Jiba’s handling of the prosecution of former crime intelligence boss Richard Mdluli.
They overturned the ruling given by North Gauteng High Court Judge Frans Legodi‚ in which he stated: “Jiba flouted every rule in the fight against crime. Her failure to intervene when she was required to do so has failed the citizens of this country and in the process brought the image of the legal profession and prosecuting authority into disrepute.”
In the majority ruling‚ Judge Shongwe stated: “It is significant to note that the court a quo started by describing who Mdluli was and detailed his personality‚ characterised him in an egregious manner as if he was already convicted of the allegations against him.
“This characterisation‚ in my view‚ negatively influenced the court a quo’s evaluation of the manner in which Jiba and Mrwebi handled the Mdluli case‚ the relevance of which is not clearly explained.”
Judge Shongwe went on to dismiss Judge Legodi’s reasoning in finding that Jiba was indeed not a fit and proper person to serve as an advocate.
“In the circumstances of this case‚ there is no need to deal with a value judgment to determine whether Jiba is a fit and proper person to remain on the roll of advocates. Therefore even the sanction imposed of striking her name from the roll does not arise.